----------------------------------------------->>> CORONAVIRUS LEGAL UPDATE
Florida eviction lawyer Christophe Fiori represents landlords in residential and commercial eviction actions to recover their property and for damages from non-compliant or non-paying tenants in a simple, affordable, cost effective and professional manner.
I have filed over 1,200 eviction cases in court and have represented landlords in residential and commercial eviction actions for non-payment of rent, failure to comply with the lease agreement, failure by the tenant to vacate after termination of the lease agreement, or failure by the tenant to comply with Florida State laws regarding a tenant's conduct. In some cases I have attended hearings to determine the amount of rent a tenant should deposit with the court registry, and final hearings for eviction. In many cases, I have negotiated on behalf of my client with the tenant to reach an amicable resolution to the eviction case.
I'll handle your property eviction from beginning through and until the tenant is removed by the Sheriff. If the tenant contests the eviction, I'll go to court for you*.
*(additional attorney fees apply for contested matters).
Getting started is easy, no office visits are necessary to hire us. I offer a free consultation to discuss your specific case in a confidential setting.
Call now for a free consultation with an experienced eviction attorney (888) 384-2872
Other Non-Compliance (Other than rent)
OTHER HELPFUL LINKS
Free Notice (free download pdf)
Call (813) 333-1660
It is possible to evict a tenant who refuses to pay rent and who remains in possession of the rental property. In Florida a court order is required before someone may be evicted from property. Florida Landlord and Tenant laws provide some guidance regarding landlord and tenants rights and responsibilities.
No 'Self-Help' Eviction in Florida
The landlord is not permitted to employ 'self-help' eviction practices (such as changing locks, turning off utilities, etc). The landlord may be liable for tenant damages if improper eviction actions are used.
What's in the Rent?
Rental amount is generally agreed to by the landlord and tenant in an oral or written agreement. The rent is due on the day specified in the agreement, which in most cases is the 1st day of the month. Many leases include a 'grace period' before late fees are assessed against the tenant. A tenant may be evicted for failure to pay the rent, or failing to pay the rent on-time.
Generally, the landlord cannot evict a tenant for non-payment of late fees or utilities; only non-payment of rent. IMPORTANT: If the landlord accepts rent from the tenant with knowledge of the tenant's prior non-payment, then the landlord may have waived the right to evict.
3 Day Notice to Pay or Vacate Before Filing an Eviction
Before an eviction for non-payment of rent can be filed in court, the Landlord first must deliver to the tenant a proper notice, which informs the tenant of the past-due rental amount, and gives the tenant time to pay or vacate. goto Notices
Delivering a 3 Day Notice to Tenant
The Landlord or Landlord's agent may deliver the 3 Day Notice to the Tenant at the Property. see more Delivering 3 Day Notice to Tenant
Payment After Posting a 3 Day Notice
If the Tenant tenders the full amount as listed on the 3 Day Notice, then the Landlord must accept the past due rent payment. If the Tenant fails to pay the full amount owed as listed on the 3 Day Notice, then the landlord may file an eviction case in court. If the Landlord accepts partial payment of the past due rent as listed on the 3 Day Notice, then the Landlord may have waived the right to evict the non-paying tenant. Careful review of the Florida eviction laws will assist Landlords avoid delays in court or possible dismissal of eviction action by the Court. see Accepting Rent Payment After Posting a Notice to Evict
Florida eviction attorney Christophe Fiori represents landlords in uncontested residential eviction cases in courts throughout central Florida to recover their property from non-paying tenants on an attorney flat-fee for legal services.
Landlords can evict a tenant for non-compliance or repeat non-compliance with terms of the written rental agreement or some provisions of the law.
Some examples of non compliance with the written rental agreement include:
Florida 7 Day Notice With Opportunity to Cure is served on tenant for curable violations of lease or evictions laws other than non-payment of rent. After serving 7 Day Notice of Non-Compliance, tenant has 7 days to cure the violation. If the same non-compliance is repeated within 12 months, the landlord may terminate the tenancy without giving the tenant an opportunity to cure the non-compliance. see Florida Eviction Law 83.56(2)(b)
Some examples of curable violations include: unauthorized pet, unauthorized tenant, parking in unauthorized parking spot, failing to keep premises clean and sanitary
Some examples of incurable violations include: willful destruction, damage, or misuse of landlord's or other tenants' property by intentional act, or continued or subsequent unreasonable disturbance, repeated violations after 7 Day Notice to Cure.
A holdover tenant remains in possession of the rented property after expiration of the rental agreement without permission or consent of the landlord.
If the written rental agreement has terminated (at the end of the lease), or the landlord has terminated the rental agreement with proper notice, then the tenant is no longer in legal possession of the property. The tenant remains on the property without the consent of the landlord after termination of a renal agreement.
A rental agreement could be written or oral. A written lease may specify a term of lease and even an expiration date. Always review your lease when considering legal action against the tenant.
If the rental agreement is oral, or if the written but does not specify a term of the tenancy; then the landlord may terminate the rental agreement with proper written notice.
A proper notice to tenant must be written and in some cases delivered via special means. A proper notice is almost always not an oral communication (face to face or telephone or text conversation with your tenant), Florida eviction law provides some guidance as to language that must be in included in a notice to tenant.
Evicting a 'holdover tenant' is a different process than evicting a tenant for non-payment of rent, for example. Understanding the difference is very important, since the court could dismiss your case or the landlord could forfeit 'double-rent' , if filed improperly.
Florida eviction attorney Christophe Fiori represents landlords in residential and commercial eviction cases in courts throughout central Florida to recover their property from holdover tenants. Call for a free Consultation (813) 333-1660 or click here to schedule a free consultation.
Steps to Avoid Holdover Tenant
Call (813) 333-1660 or E-mail Us
Click here to set a free consultation or
Call (813) 333-1660
83.06 Right to demand double rent upon refusal to deliver possession.
(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.
(2) All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding.
History.—ss. 4, 6, Nov. 21, 1828; RS 1759; GS 2235; RGS 3554; CGL 5418; s. 34, ch. 67-254; s. 427, ch. 95-147.
83.04 Holding over after term, tenancy at sufferance, etc. When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance.
The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.
History.—s. 4, ch. 5441, 1905; RGS 3570; CGL 5434; s. 3, ch. 15057, 1931; s. 34, ch. 67-254.
see also 83.20 Causes for Removal of Tenants.
Unlawful Detainer is a case filed in court under Chapter 82 of the Florida Statutes. Unlike a tenant eviction (filed under Chapter 83 Florida Statutes), with unlawful detainer cases there is no landlord and tenant relationship between the landlord and occupant. In an unlawful detainer case, the person or persons asked to leave the property has or have no legal right to remain in the property (meaning no lease or title giving right to remain in the property).
Removing Guests, Friends, or Significant Others
Florida statutes define an unlawful detainer as possession of real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of the landlord or after the landlord's consent is withdrawn. see Florida Statute 82.01(4)
If you are the landlord, and invited a guest, friend, family member, significant other, or other person to reside in the property without agreement to pay rent, then it is necessary to file an unlawful detainer to remove these types of occupants if the occupant refuses to leave the property after being asked to leave by the landlord.
Florida statutes define unlawful entry as entry into and possession of real property, even if the possession is temporary or for a portion of the real property, when such entry is not authorized by law or consented to by the landlord. see Florida Statute 82.01(5).
If you are the landlord and have discovered squatters have entered and are living in your property without your consent, then you can file a case for Unlawful Entry Unlawful Detainer in court to have the unlawful occupants removed.
Florida eviction attorney Christophe Fiori represents landlords in residential and commercial eviction cases in courts throughout central Florida to recover their property from unlawful occupants or squatters. Call for a free Consultation (813) 333-1660 or click here to schedule a free consultation.
This website has been prepared by Law Office of Christophe Fiori, PLLC for informational purposes only and does not constitute legal advice. The information on this website is not provided in the course of a attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
The information contained in this website is provided only as general information, which may or may not reflect the most current legal developments. This website occasionally contains links to other web pages. The inclusion of such links, however, does not constitute referrals or endorsements of the linked entities. Law Office of Christophe Fiori, PLLC specifically disclaims any responsibility for positions taken by users in their individual cases or for any misunderstanding on the part of users of this website or any linked websites.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
go to Top of Page
Copyright © 2018 Law Office of Christophe Fiori, PLLC Office Tampa:
1211 North Westshore Blvd, Suite 102, Tampa, Florida 33607 (813) 333-1660- All Rights Reserved.