While Landlords may run a smooth operation, issues still occur. These range from Tenants failing to pay rent to allowing unauthorized guests. Our office is dedicated to protecting the rights of Landlords. In light of our experience, we have created the Top 5 Legal Tips for Broward Landlords.
1. Respond Immediately when Receiving a Notice to Cure
Unfortunately for Landlords, some Tenants create problems. While they may not have been created by them, upon receiving a 7 Day Notice to Cure, they should contact the Tenant. Failing to make the necessary repairs allows the Tenant to withhold rent or terminate the lease. In addition, if they withhold rent and the Landlord tries to evict them, they can end up in trouble. The Court may decide to dismiss the Eviction. As a result, the Landlord will have to pay the Tenant’s Attorney Fees.
2. If the Tenant fails to pay, serve them a 3 Day Notice Immediately
The Landlord/Tenant relationship is a business. If the Tenant fails to pay rent, the Landlord loses rental income. Regardless how they use the rental income, the Eviction process should begin immediately. Unfortunately, many tell the Landlord to “wait another week” or ” I already sent the money to you.” If a Landlord serves them with a 3 day notice, they can deduct the late fees from the Security Deposit.
3. Comply with the Rules Governing Security Deposits
83.49 outlines procedures for handling Deposits. After the Tenant vacates the property at the end of the lease, the Landlord has 15 days to return the deposit in full. If there are fees that need to be deducted, they must send the Tenant a claim on the deposit. If they do not have the forwarding address to send the claim, it must be sent to the last known address. Our office cannot stress the importance of complying with this statute. Failure to comply can result in paying an exorbitant amount of attorney’s fees if the Tenant has an Attorney.
4. Provide Proper Notice When Entering Property
83.53 allows a Landlord to enter the property under certain conditions. These include:
1. Inspection of the Property for Damages
2. Make Necessary Repairs
3. Make Improvements to the Property
4. Show a Property to a potential Tenant or an interest buyer.
In addition, they must give reasonable notice prior to entering the property. Reasonable Notice is giving 12 hours before that they will be entering. It must be between 7:30 a.m. to 8:00 p.m. Many Landlords make the mistake of not complying with this Statute. If they fail to give notice and enter, they are violating the Tenant’s Right to privacy.
5. Providing Proper Termination Notice and/or Non Renewal of the lease.
A Landlord’s Termination of a Lease depends on the type of agreement they have with the Tenant. However, it is in their best interest not to include a renewal requirement. In other words, once the lease terminates, they have to vacate. If they remain in the property, they are a Holdover Tenant.
On the other hand, many do not have written leases. Instead, they have a verbal month to month lease. In the event that they want to terminate a month to month lease, they must comply with 83.57(3). This requires 15 days notice to terminate the lease. For example, to terminate a month to month lease in July, they need to give 15 days notice that the lease will end on July 31.
The above tips for Broward Landlords are essential for protecting their rights. Therefore, if you have questions regarding the Florida Eviction Process, contact our office at (954) 990-7552.