Florida Landlord Eviction Attorney
The Legal Consult, P.A. is experienced in landlord tenant law aka evictions. We realize that the cost to a landlord increases every day a non-paying tenant(s) remains in a property in violation of their lease or rental agreement. Statistically the longer a non-paying tenant remains in a property, the more likely there will be damage to the property increasing the cost to ready the property for re-letting. Not to mention the hassle of evicting a tenant who is not paying as agreed. While we cannot circumvent the system, our understanding of the procedure involved allows us to prosecute the eviction on the landlord’s behalf so as to avoid any unnecessary risk of liability and or delays in the legal process.
Our initial goal is to put the landlord back into possession of the rental property as soon as possible. Equally as important is preserving the landlords rights to pursue money damages. While landlords have certain statutory rights and responsibilities, pursuant to Florida statutory law, the tenant is also responsible for damage done not only through his or her own negligent or wrongful acts of omissions, but also through the acts or omissions of the tenant’s family members and others on the premises with the tenant’s permission. Landlords can also contractually condition the letting of property to a potential tenants based upon the tenants assumption of other certain responsibilities.
Determining The Proper Remedy
The landlord’s possible remedies depend on the tenant’s action(s) or inaction(s). Remedies for the landlord included terminating the lease, evicting the tenant(s), repossessing and re-letting the property with or without charges to the tenant, damages, temporary injunction, and filing a lien. It is important to understand, that the choice of one remedy may preclude the availability of another. As part of the legal services we provide to our landlord clients, is the evaluation of the appropriate remedies to pursue on a case-by-case basis.
Terminating A Lease – For Nonpayment of Rent
If a tenant is behind on rent, the landlord may demand that the tenant immediately pay or vacate the premises. However, the landlord must first serve the tenant with the proper notice of nonpayment.
Landlord’s Notice To Tenant – Nonpayment of Rent: When a tenant fails to pay rent, the landlord must serve the tenant with a 3-day notice to pay or get out. What may seem like a simple process, can seriously delay the eviction process and subject a unsuspecting landlord to liability and damages. The 3-day notice must be legally sufficient. An insufficiently legal 3-day notice may create issues such as: the overdue rent owed, the appropriate assessment of late fees, proper delivery and notice, and the ability of the tenant to timely respond. If the tenant receives a proper 3- day notice but fails to pay or vacate the premises within the allotted time, the landlord may evict the tenant.
Terminating A Lease – Other Than Nonpayment of Rent
If a tenant is in noncompliance with statutory or lease provisions other than nonpayment of rent, the landlord may seek possession of the premises. However, as with nonpayment, notice must first be served on the tenant before the landlord can attempt to terminate the lease. The type of notice to be served depends on if the violations are curable or non-curable.
Curable Violations: Tenants may be evicted for committing a curable violation only if the tenant fails to cure the violation within 7 days of receipt of the notice of violation. However, If the tenant commits the same curable violation within 12 months of the first violation, the landlord may evict the tenant(s) without giving the tenant(s) the opportunity to cure the violation. Proceeding with eviction without providing the tenant with the opportunity to cure the second violation can done only, if at the time of the first violation, the landlord delivered written notice to the tenant that a second violation would result in eviction.
Examples of curable violations include:
- having unauthorized pets, guests, or vehicles;
- parking in unauthorized spaces; and
- failing to keep the premises clean and sanitary.
Landlord’s Notice To Tenant – Other Than Nonpayment of Rent – Curable Violation: The 7-Day Notice To Vacate (With Opportunity to Cure) – When the lease terms are violated in a way that can be cured, the landlord must deliver a written notice to the tenant specifying the violation and informing the tenant the violation must be cured within 7 days of receipt of the notice or else the tenant will be evicted.
Non-curable Violations: The landlord may evict the tenant after delivering notice when a tenant commits a non-curable violation. A tenant does not have a right to right the wrong of a non-curable violation.
Examples of non-curable violations include:
- destruction, damage, or misuse of the landlord’s property by an intentional act;
- destruction, damage, or misuse of another tenant’s property by an intentional act; and
- committing the same curable violation twice in a 12-month period.
Landlord’s Notice To Tenant – Other Than Nonpayment of Rent – Non-curable Violation: The 7-Day Notice To Vacate (Without Opportunity to Cure) – When the lease terms are violated in a way that cannot be cured, the landlord must deliver a 7-day notice advising the tenant of what specific violations have occurred and demanding that the tenant vacate the premises within 7 days after delivery of the notice.
Fees & Cost – Nonpayment of Rent
Our fees (the monies paid for our legal services) in eviction cases for failure to pay are based on flat fees plus cost (filing fees, summons fees, service of process fees, fees for the sheriff to execute a writ of possession, and other such fees that are out of our control). Knowing your legal fees upfront and our ability to estimate your cost, you don’t have to wonder what the eviction is going to cost you. This allows you to price the possibility of a possible eviction into your lease agreements. We do seek attorney fees and costs in every eviction case were a basis exist for the award of attorneys fees and cost, although there is no guarantee that fees and cost will be awarded, or if awarded that you will actually recover.
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Telephone The Legal Consult PA : (904) 549-7346