Florida Law requires Landlords to make certain repairs. They can also be agreed to in the lease. While failure to do so is a breach of the lease, they can still evict if they fail to make repairs. If you have questions about your rights as a Landlord, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Can a Landlord Evict if they fail to make repairs?
If the Landlord does not receive notice seven days prior to the next rental period, it is not proper. For example, if the Tenant gives it on the 27th of the Month and rent is due on the 1st, it is not legitimate. This prevents them from exerting their rights although they may be correct. Therefore, if the Landlord files the Eviction and Notice is not proper, the Court will side in their favor.
The other scenario is if there is a month-to-month lease. If a Landlord files an Eviction because the Tenant remained after the termination date, notice will not protect them. If the lease ends, an eviction can still occur because they are no longer permitted to remain in the property. However, while a Tenant may be removed from the property, it does not waive their right to sue the Landlord at a later for failure to make repairs.
When Does Notice prevent an Eviction?
A Landlord can always file an Eviction. However, a Tenant may be able to fight it properly in Court. If the lease is for a year and they give proper notice, they can defend against it. In other words, if the 7 Day Notice is timely given during the lease due to failure to make repairs, the Tenant may be successful in fighting the Eviction. In addition, the Landlord may be responsible for the Tenant’s Attorney Fees. Therefore, if there is a yearly lease, a Landlord cannot avoid their responsibility to repair when given notice.
A Landlord may be responsible for repairs. They can also be agreed to in the lease. While failure to comply can be a breach, they can still Evict if they fail to make repairs. If you have questions about your rights as a Landlord or Tenant, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.