Top 3 Most Common Reasons For Evicting A Florida Tenant

Most landlords do not look forward to the moments where they must evict a tenant, but are aware of the moments when doing so is necessary. The actual process can be complex, or it can be simple, but how it will go in your case will largely depend on the underlying reason for the eviction. While a landlord cannot unilaterally evict a tenant for no reason, they must be able to establish the reason before the process can begin.

Nonpayment Of Rent. This is by far the most common reason why landlords initiate eviction proceedings – after all, a lease is a contract, and if the tenant fails to pay rent, the landlord is within their rights to ask them to leave the rented premises as long as proper procedure is followed. That said, in some cases, the tenant may have a defense against eviction if they can show that the landlord has failed to honor their obligations to keep the premises in good repair.

 Violation of the Lease Agreement. This is a broad category, but at its heart, it is simple – in general, leases take the form of written contracts. If a tenant violates any provision of that written contract, the landlord has the right to seek eviction. They must provide a 7-day notice period, either to cure the violation or to ‘quit,’ meaning leave the premises, depending on the nature of the lease violation.

That said, one thing to be aware of when signing a lease is that landlords do not have unfettered discretion to insist on including unenforceable provisions. Florida law does clarify that a court has the right to invalidate or refuse to enforce any provision in a lease that it considers unconscionable. The court may sever an unconscionable provision, or it can simply decline to enforce the entire document.

Abandoning the Property. A landlord may also initiate eviction proceedings if the tenant abandons the property; that is, if they stop paying rent and also stop living on the premises. In theory, a tenant does not have to live in a place they rent – but they must continue paying, even if they have set up living quarters elsewhere.

Contact A Tampa Landlord-Tenant Attorney

If you are a landlord and you are uncertain as to whether or not you have the right to evict your tenant, the reason motivating you matters. A Tampa landlord-tenant attorney may be able to help clear the air. Attorney Alicia Seward and the Seward Law Office have handled these cases before, and will work hard on yours. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.51.html