In the state of Florida, there are certain laws in place to protect both landlords and tenants. These laws are written in Section 83, Part II of the Florida Statutes. There are several important laws to consider if you own rental property or if you are a tenant renting from a landlord.
As a tenant, if you do not pay your rent on time your landlord has the right to evict you from the property.
Why Eviction?
Landlords will typically plan an eviction because the tenant has failed to either pay the rent or the tenant has violated the lease in some way, such as having too many people living in their house.
If a lease has terminated and the tenant stays in the property without the written consent of the property manager, then you may be responsible for 2 months of rent. This is referred to as holdover rent and is covered under Section 83.58. If tenancy does not have a specific ending, the party that wishes to end the lease has to provide the other person with at least 15 days’ notice.
If a tenant fails to pay rent, the property owner only has to provide the tenant with 3 days’ notice for eviction. The 3 day notice does have to provide the tenant with the opportunity to pay the rent that is due before the eviction can take place.
Court Procedures
Once the 3 days have passed after an eviction notice, the property manager will take the notice to the tenant and it will become an exhibit in court if the complaint is filed. Typically, the lease will be attached to the eviction notice as well.
The laws regarding eviction are fairly clear in the state of Florida and they are easy to follow.
