Can A Tenant Fight A Florida Eviction?

No landlord truly enjoys evictions, though they are an unfortunate part of owning rental properties in Florida. If it becomes necessary to evict a tenant, it is important to keep in mind that no matter what they may have done or not done, they still have rights and are entitled to the same good faith as their landlord during the legal process. In general, Florida law favors the landlord in legal disputes – but tenants do have ways to legally fight or delay an eviction. It is crucial that you understand when these tools may be used.

Status Matters

As one might imagine, an eviction may be deferred or called off if the landlord and tenant are able to simply reach an agreement about back rent. Most tenants who pay rent late are not doing so to flout the rules; most often, unforeseen expenses simply happen. If a good relationship does not exist between the parties, obviously, this option may be off the proverbial table, but it is always a good idea to attempt to talk things out before moving on to trying different tools.

That said, if a landlord is bent on eviction, the procedure will be slightly different depending on the tenant’s status. Whether or not the tenant owes rent matters, as well as the legal status of the tenant – for example, a holdover tenant (one who refused to vacate after the end of the lease) will be in a different position from a tenant whose lease is still valid. In many situations, the law gives the tenant time to ‘cure’ any violation of the lease, or to pay any back rent owing, after which the grounds for an eviction disappears.

Some Choose The Nuclear Option

While the object of a tenant who is in violation is usually to cure it, there are some for whom poverty might make that temporarily impossible. If a tenant can show that their financial issues are temporary, and that they have a viable plan under which they can resume paying rent, they may be eligible for what is known as a hardship extension. This is not an amnesty, but a reprieve; ultimately the tenant is still liable for the rent they owe, but if the court finds there is sufficient grounds, it will grant the temporary pause on payment until the tenant gets back on their feet.

If a tenant is turned down for a hardship extension and sees no other choice, they may wind up filing for bankruptcy in rare cases. This is generally not recommended, simply because landlords are less likely to rent to a person with a bankruptcy on their record, but there are some for whom the nuclear option is the only one that will work. If a person files for a Chapter 7 bankruptcy, an automatic “stay” is instituted, protecting the filer from their creditors until the case has concluded.

Contact A Tampa Landlord-Tenant Attorney

It is not uncommon for landlords and tenants to have disputes, even those that may result in eviction. However, a landlord needs to be aware that tenants have multiple tools at their disposal to contest the proceedings if they feel it is appropriate. A Tampa landlord-tenant attorney from the Seward Law Office can help you determine your options if you have a potential eviction on your hands. Call our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2021/83.56