Explaining Florida’s Eviction Proceedings
Most landlords do not enjoy evicting tenants, particularly if the two parties have been able to have a positive personal relationship. However, when push comes to shove, so to speak, a landlord must be ready to evict a tenant who has breached their lease if the situation merits doing so. Florida law sets out clear parameters for landlords to follow if tenants violate their lease and do not correct the issue, and they have the right to seek an eviction if the facts warrant it.
Why Evict?
There are several different potential causes for an eviction in Florida. By far the most common is nonpayment of rent, though some landlords will allow tenants to correct this before filing the eviction paperwork. Other causes include the tenant conducting illegal activity on the premises, such as drug sales, or damaging the property intentionally. A lease is a contract, and breaching a contract means that the non-breaching party can seek redress – though when discussing an eviction, a tenant must be granted appropriate notice in most cases before the process actually begins.
One thing a landlord must keep in mind when contemplating eviction is that so-called “self-help” evictions are prohibited in Florida. A ‘self-help’ eviction is when a landlord simply makes the property off limits to the tenant – for example, if a landlord unilaterally changes the locks and does not provide a key to the tenant, the tenant is all but evicted without proper procedure or notice. Landlords who do this are fined significant amounts, and may face other consequences as well.
A Last Resort
If a landlord provides notice of intent to evict their tenant, and the tenant does not respond in time, the landlord can then officially file a complaint to the relevant court. If the tenant responds to the complaint in time, it may be possible to work out a compromise between the two parties that does not result in eviction. If the tenant does not reply, or an agreement cannot be reached, the landlord is then issued what is known as a writ of possession.
A writ of possession allows a landlord to remove the tenant from the property. At this point, it is too late for the tenant to contest the eviction, though they still may be able to argue over unpaid rent and other subsidiary matters. Eviction is essentially a last resort, only happening when the personal and professional relationship has truly broken down. The best chance to avoid the eviction process, whether landlord or tenant, is to have a good relationship with the other party and humanize the interaction.
Call A Tampa Landlord-Tenant Attorney
If you are a landlord or tenant and eviction is on the horizon, it can help to enlist a Tampa landlord-tenant attorney to negotiate on your behalf. A Tampa landlord-tenant attorney from the Seward Law Office can help you – call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html
