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Many landlords wait to file an eviction based on false promises their tenants make that they will pay their rent soon.

The eviction process in Florida is typically around 4 to 8 weeks for a landlord to get possession of their property, depending on if the case is contested or uncontested by the tenant. So waiting weeks or months to even initiate that process often causes landlords to lose additional rent money.

Our suggestion is to serve a 3-day notice and file an eviction against a non-paying tenant rapidly to avoid expensive delays that can cost the landlord thousands of dollars.

Contact our office today to get started with your eviction.

Are all 7-Day notices curable? Most but not all notices are curable under Chapter 83 of Florida Statutes.

The statute provides for a non-curable notice of termination to only be used in situations which involve serious criminal activity which cannot actually be cured. This would include criminal acts such as arson, assault, battery, murder, rape and other serious crimes which occurred at the rented premises. All other violations would be curable. Contact our office today to get started with your eviction.

A property owner or person who is entitled to Legal possession of a property can sometimes remove transient and occupants from their property without the need to bring an unlawful detainer court case. But this only applies in very limited scenarios a transient occupant is defined in chapter 82 of Florida Statutes as a person who resident in Real Property intended for residential use has occurred for a brief length of time is not pursuant to a lease and whose occupancy was intended to be transient in nature there are seven factors that establish that a person is a transient occupant and include but are not limited to, one the person does not have an ownership interest or financial interest in the property or a lease for the property. Two, the person does not have any property utility subscriptions. Three, the person cannot produce documentation correspondence or a government ID which shows that the person used the property address as an address of record within the previous 12 months. Four, the person pays minimal or no rent for his or her stay of the property. Five, the person does not have a designated space of his or her own such as a room at the property. Six, the person has minimal of any personal belongings at the property and seven the person has an apparent permanent residence elsewhere. The owner can contact the police to file their appropriate affidavit however the police will make the final decision as to whether they will remove the occupant with the affidavit or whether they will require the owner to file an unlawful detainer case also keep in mind that a person wrongfully removed pursuant to the subsection has a cause of action for wrongful removal against the person who requested the removal and may recover injunctive relief and compensatory damages. If you would like more information about removing unlawful occupants, please contact us today.

If a tenant objects to the retention of the security deposit the landlord has three options. One the landlord can choose to return the security deposit to the tenant. Sometimes this is the best way to completely part ways with the tenant and avoid a future lawsuit for return of the deposit. Two, the landlord can negotiate a partial return of the deposit via a settlement agreement. It’s important to get this in writing when returning the negotiated amount write full settlement in the memo on the check and if possible, include language in the agreement that waves all further claims. Three, the landlord can decide to keep the deposit and hope the tenant doesn’t sue, if the tenant sues it’s important to have good photos videos and a checklist from both move-in and move-out to support your case. If you are a landlord and your tenant is contesting your claim on security deposit, give us a call and we’ll be happy to assist you.

If you are a landlord who would like to sue a former tenant for damages, here are a few tips first you must ensure your tenant is collectible. This means they have a stable job with a regular paycheck and own assets such as a paid off car. If the tenant is not collectible, you could be wasting time money by pursuing a judgment against them. What kind of Damages can you sue for? You can sue for eviction costs, pass to rent, damages exceeding the security deposit, attorney fees and unpaid utilities. The difficulty many landlords face when suing for damages is finding and serving the tenant to get money damages you must get personal service. This means that the tenant must be personally handed the summons and complaint, before suing for damages you should think about whether it will be worth the time, effort and money. If you are a landlord who wants to sue your tenant for damages give us a call and we’ll be happy to assist you

If a landlord is in possession of a security deposit, Florida law has very strict rules that the landlord must follow. Failure to follow these rules can result in forfeiture of the right to make a claim on the deposit. If there is no reason to make a claim on the deposit the landlord must return the security deposit within 15 days after the tenant vacates the property. If the landlord intends to keep the deposit the landlord must give the tenant a written notice of intent to retain deposit. The notice should list the reasons why the deposit is being retained. If the landlord is keeping a part or all the deposit the landlord has 30 days to return it to the tenant if the landlord fails to return the deposit within 30 days the landlord forfeits the right to make a claim on the deposit. Florida law states that the notice of intent to the retain deposit and any remaining deposit should be sent via certified mail to the tenant’s last known address. If the tenant did not leave a forwarding address the landlord should send the notice to the unit the tenant just vacated after receiving the notice the tenant has 15 days to object in writing. If you are a landlord and the Tenant is suing for a return of their deposit, give us a call and we’ll be happy to assist you.

Landlords have a legal obligation to keep their properties in a safe and habitable condition, at a minimum they must comply with all applicable building housing and health codes. Landlords must also maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations and plumbing. They must make reasonable provisions for extermination of pests and ensure that there’s heat during the winter, running water and hot water. There are exceptions for single family homes or duplexes. If a landlord fails to maintain the property as required by law or as required by the lease agreement the tenant can serve the landlord with a 7-Day notice to cure. If the issues are not cured within 7 days, the tenant can either withhold rent until the repairs are made or the tenant can terminate the lease and vacate the property. If you are a landlord who has received a 7-Day notice secure from your tenant give us a call and we’ll be happy to assist you.

If a landlord is in possession of a security deposit, Florida law has very strict rules that the landlord must follow. Failure to follow these rules can result in forfeiture of the right to make a claim on the deposit. If there is no reason to make a claim on the deposit the landlord must return the security deposit within 15 days after the tenant vacates the property. If the landlord intends to keep the deposit the landlord must give the tenant a written notice of intent to retain deposit. The notice should list the reasons why the deposit is being retained. If the landlord is keeping a part or all the deposit the landlord has 30 days to return it to the tenant if the landlord fails to return the deposit within 30 days the landlord forfeits the right to make a claim on the deposit. Florida law states that the notice of intent to the retain deposit and any remaining deposit should be sent via certified mail to the tenant’s last known address. If the tenant did not leave a forwarding address the landlord should send the notice to the unit the tenant just vacated after receiving the notice the tenant has 15 days to object in writing. If you are a landlord and the Tenant is suing for a return of their deposit, give us a call and we’ll be happy to assist you.

Landlords have a duty to assess and remediate if mold is found in the property. Here are a few steps a landlord should take if a tenant complains about mold. First, the landlord should hire a professional company that specializes in assessing and remediating mold issues. Any mold report should be confidential and sent only to the landlord. Once the landlord decides to remediate, the landlord should ensure that a licensed and insured remediation specialist properly seals off the entire affected area if necessary. There is no obligation to pay for a hotel room or to make other living arrangements for the tenant. If the unit is temporarily uninhabitable due to mold remediation, rent should be evaded until the possession is restored to the tenant. If you are a landlord who has a mold issue or if your tenant is threatening to sue you because of mold, give us a call and we’ll be happy to assist you.

When a tenant makes a request for reasonable accommodations, if the assistant’s animal is a service animal, you must grant the accommodation. If the animal is not a service animal the tenant must provide documentation that the animal does work, perform tasks, provides assistance or provides emotional support. This can be a document or letter from a doctor, psychologist, nurse or any health care professional. If the individual is requesting to keep a unique type of animal that is not commonly kept in households such as a reptile, barnyard animal, monkey, kangaroo or other non-domesticated animal they should submit documentation from a health care professional confirming the need for this animal if you are a landlord who would like to know more about assistance animals give us a call and we’ll be happy to assist you.

On July 1st, 2023, Florida changed its statutes to require a minimum 30-day notice of termination a month-to-month tenancy. Prior to this, the statute required a minimum of 15 days’ notice to terminate a month-to-month tenancy. Many counties and cities began passing ordinances requiring landlords provide longer periods of time such as 60 days, so a compromise was reached on 30 days, and this was codified in chapter 83 of Florida Statutes. Keep in mind that all notices must be a minimum of 30 days’ notice from the beginning of the next monthly rental period. By way of example, if the landlord is trying to terminate a tenancy prior to November and the rent is due on the first of every month then the notice of termination must be served no later than October 1st to expire on October 31st. Contact our office today to get started with your termination notice.

If your tenants are violating one or more provisions of their lease, you should first determine whether there is a current and ongoing lease. If the lease is expired or there never was a lease and the Tenant is month-to-month, then the landlord can terminate the tenancy using a 30-day notice in Florida. However, if there is an active lease and the landlord will need to consult their lease to determine what section of the lease the tenant is violating. The landlord should then serve a 7-Day notice to cure on the tenant, after the 7-Day notice expires if the tenant has not cured the violation, then the landlord will need to file an eviction against the tenant. Before filing the eviction, the landlord should gather evidence of the ongoing violations which include photos, video or public records like police reports which will prove that these ongoing violations were caused by the tenant’s action or inaction. This evidence will be necessary to prove your case in court. Contact our office today to get started with your eviction.

If you own a property or otherwise are entitled to Legal possession of a property, you could remove a person who is squatting or refusing to leave using a legal process called unlawful detainer. This process which is laid out in chapter 82 of Florida Statutes allows the person entitled to possession to bring a county court case against a defendant. The time frame of this case is similar to a traditional eviction in Florida and typically takes around 4 to 8 weeks to be completed depending on whether or not the defendant contests the case. Contact our office today to get assistance with your unlawful detainer.

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