The Hows & Whys Of Florida Evictions

No good landlord enjoys evicting a tenant – but sometimes, it becomes necessary to do just that. Florida law sets out specific criteria that a situation must meet before a landlord can start eviction proceedings, and if they try to evict a tenant when it is not warranted, the consequences can be significant. The right attorney can help ensure that you are on solid legal ground before proceeding.

Why Evict?

In Florida, a landlord must have a valid reason to evict a tenant, and there are three that are perhaps the most common. The first is nonpayment of rent – after all, renting a dwelling is often a simple matter; one loses their right to reside in that dwelling if they fail to pay the rent allowing them to live there. If a tenant does not pay their rent for a certain period of time, they have essentially failed to live up to their side of the lease contract, and the landlord is then entitled to take back their property.

The second common reason for evictions is proof of unlawful activity happening on the premises – for example, if a person is selling drugs out of an apartment, their landlord has the legal right to evict them from that apartment. The third reason, however, is more complex – referred to as ‘lease violations,’ this can include anything from keeping an unauthorized pet to parking one’s car in the wrong place.

Landlords Cannot Act Unilaterally

It is important to keep in mind that a landlord does not have the right to unilaterally evict a person even if it might be possible for them to do so. Florida law requires a landlord to give the tenant a certain period of time in which to cure a violation in most cases, though in cases of illegal activity or malicious damage, only a seven-day notice to quit (that is, leave the premises) is required.

While the law gives a landlord fairly explicit powers to evict a non-compliant tenant, it is crucial to remember that retaliatory or “self-help” evictions (that is, evicting someone without legal permission to go ahead) are clearly against the law. Some landlords may attempt to force out a stubborn tenant by changing the locks or turning off the utilities in the dwelling – doing this is grounds for the tenant to file a civil suit against the landlord.

Contact A Tampa Landlord-Tenant Attorney

If you are a landlord with questions about eviction, a Tampa landlord-tenant attorney from the Seward Law Office may be able to assist you in ensuring that your actions are done by the book. Contact our office today at 813-252-6789 to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html