Plantation, Florida Laws that Govern Evictions
There are various laws that deal with evictions and this is handled at the state level. This is no exception in the state of Florida. Of course, there are different eviction rules based on the particular issue with the tenant. If you have further questions and concerns after reading this article, it’s in your best interest to reach out to an attorney who deals with landlord and tenant matters.
Chapter 83 for Eviction Notices
In the state of Florida, landlords are required to follow procedures that are contained in the statutes of Chapter 83 for certain issues. This includes not paying their rent on time and if they’ve violated a part of their rental agreement or lease. You might need assistance from a professional to know for sure that you understand what it means and how it applies to your situation.
Avoid Certain Tactics
When you’re attempting to get a tenant to leave the property, it’s crucial that you go through the proper legal channels to do so. Under no circumstances should you interfere with their use of amenities in any way, threaten them, ignore their maintenance requests, move any of their belongings, or lock them out of the property. You will only be able to move belongings and shut off utilities after an eviction has been finalized, with formal documentation stating this is the case. Otherwise, you could end up getting into trouble.
Nonpayment of Rent
Before an eviction takes place, the landlord must provide a three-day notice to the tenant. This specific notice must clearly state that it’s for the failure to pay rent or some other similar wording. Then, the tenant will have just three days to pay rent or leave the premises. This is included under Florida Statute 83.56(3).
When the landlord wants to evict the tenant for violating part of their lease agreement (like having pets living at the property when it’s stated in the lease that no pets are allowed), they must provide the tenant with a seven-day notice to vacate or something that has a similar name. The tenant is given the opportunity to correct their noncompliance with that portion of the lease, and if this doesn’t occur, they are required to leave the rental unit within seven days. Florida Statute 83.56(2) applies in this instance.
If there is something more extreme going on, for instance, you have “bad tenants”, then you don’t need to give them the opportunity to fix the issue. You can use a seven-day notice after you find they have intentionally destroyed or damaged your property, or if they’ve repeatedly caused unreasonable disturbances. This also can be used when the tenant has committed a crime on the rental property. If they don’t leave on their own after being asked to do so, you are able to sue to make them leave. You would provide them with a seven-day unconditional quit notice in this instance, which is under Florida Statute 83.56(2).
What Is the Court’s Role in Evictions?
Some tenants will adhere to what you’re asking and either pay rent to make some type of arrangement with you. This is the idea of what you’d like to see. However, there are tenants who will refuse to comply and fight your case. They may say that it’s discrimination, that you’ve failed to maintain the property, or that there is some other issue that bars it from being a valid eviction case.
If the tenant would like to fight against the eviction proceedings and doesn’t leave within the specified time period, the landlord might file a complaint with the courthouse that’s located in the county where this rental unit sits. The court then will determine a hearing date that the tenant and landlord both must attend under Florida Statute 83.59(2).
After the tenant receives the complaint, they’ll have five days from this point to be able to file an answer. The tenant will have to do this with the court, and it needs to provide defenses to the eviction. The judge will consider these defenses at the hearing in order to make a decision on whether the tenant should be evicted. Rules regarding this are included in the summary procedure section of statutes 51.011(1).
Termination Without Cause
Some tenants may have a month-to-month rental agreement or lease. Everything is going relatively fine, but the landlord decides to terminate the agreement. They can do this with 15 days’ written notice. This informs the tenant that their tenancy ends in 15 days and that they need to move out within that time frame. This seems harsh, but there may be circumstances where that the tenant has nothing to do with, such as emergency construction, or that the landlord will no longer have possession of the property.
If the rental agreement is for a certain amount of time such as six months or a year, then the landlord needs to wait until this term is complete before they terminate without cause. At that point, the landlord won’t have to give any notice to the tenant letting them know to move out at the end of the term unless it’s a part of their lease that they will provide notice. Of course, this doesn’t apply when it comes to true emergency situations.
Be Wise and Cautious About Evictions in Plantation Florida
It’s necessary to take the proper measures when it comes to the eviction process. If you don’t do this, your tenants could have the advantage since they’ll be able to use your faulty steps towards their defense. Even though you still may get them evicted, this can make for a much longer process of eviction. You also might have to pay a large amount of money for damages. A Knowledgeable landlord attorney can help you figure out the law involved in your particular situation, what actions should be taken, and help you every step of the way. With assistance from a qualified professional with experience in this practice area, you shouldn’t come across any major issues and the process will go much more smoothly.