Many Tenants in the State of Florida incorrectly believe that they have the right to withhold rent from their Landlord if their Landlord has failed to make the necessary repairs in the property. While a Tenant does have the statutory right to withhold rent, they are still required to follow the proper procedures outlined by Florida Statute 83.56 and 83.60. Prior to taking withholding rent, a Tenant must give their Landlord a seven (7) day notice letter prior to the commencement of the next rental period that if the Landlord fails to remove the violations in the property, the Tenant intends to withhold rent. If proper notice is not given to their Landlord and the Tenant withholds rent, the Landlord can still proceed with the eviction of the Tenant.
Pursuant to the Lease and Florida Statute, a Landlord and a Tenant both are contractually obligated to comply with the terms of the lease. While both the Landlord and the Tenant are given certain rights by law, providing notice to the respective party must be complied with. If you are a Landlord in the State of Florida and have a Tenant that is constantly withholding rent because of alleged violations in the property, you can still commence Eviction Proceedings against the Tenant if the Tenant has failed to give you the required notice. Contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552 to learn about your rights as a Landlord as well as your ability to remove a Tenant that is improperly withholding rent for failing to give you proper notice. Our office is open twenty-four (24) hours a day, seven (7) days a week.
When can a Landlord evict a Tenant in the State of Florida?
The Eviction Process in the State of Florida allows a Landlord to remove a Tenant when one of following occur:
(1) A Tenant has failed to pay their rent on time-When a Tenant enters into a lease with the Landlord, they are required to pay rent on a every month. If the Tenant fails to pay rent when it is due, a Landlord has the right to send the Tenant a three (3) day notice. If the Tenant fails to pay rent after being given the three (3) day notice, a Landlord can file an Eviction Action in Court. Tenants are advised to pay the amount due within/ before the time established on the written notice. A landlord is not obligated to accept money if it is less than what is owed.
(2) A Tenant has committed a non-monetary violation of the lease-While a Tenant is required to pay their rent on time every month, they still may be subject to Eviction Proceedings if they violate a provision of the lease that is not related to payment. This includes but is not limited to: Allowing someone to reside in the property that is not authorized by the Landlord, destroying the property, committing a crime in the property etc. To remove a Tenant based on a non-monetary violation, a seven (7) day notice must be given to the Tenant. The notice must provide the specific time of the violations that the Landlord claims were committed by the tenant(s). In the event that the violation is cured within the seven (7) days, no further action is needed and the Landlord will not proceed with termination. Tenant(s) will receive another notice to cure if another violation occurs within the next twelve (12) months; this second notice does not give the tenant(s) the opportunity to fix the issue.
(3) A Tenant has remained in the property after the lease has expired known as a Holdover Tenant- A Holdover Tenant in the State of Florida is a Tenant that continues to remain in the property after the expiration of the lease and is no longer in the property with the consent of the Landlord. Eviction Proceedings can be commenced against the Tenant by the Landlord and the Landlord has the right to recover double rent.
The Law Office of Brian P. Kowal, PA assists Landlords throughout the State of Florida. If you are a Landlord and have a Tenant that has either failed to pay rent when it is due, has committed a non-monetary violation of the lease, or has remained in the property after the lease has expired, contact our office today at (954) 990-7552.