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Three Common Landlord Mistakes During Florida Evictions
Whether you are renting out your home or running a business renting out multiple properties, there may come a time when you may have to evict your tenant. To evict a tenant in Florida you must follow specific procedures.
For this reason, if you find yourself in this situation, it will be helpful to be aware of some of the common mistakes that Florida landlords make during the eviction process, as these mistakes can cost you legally and financially. An experienced Oakland Park, FL landlord representation real estate attorney can advise you on the Florida eviction process and what to avoid to safeguard your property.
When Can You Evict a Tenant in Florida?
Florida landlords may terminate a lease early and evict a tenant for reasons which include:
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Nonpayment of rent
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Certain violations of the lease agreement
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Taking illegal actions on the property
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Failing to vacate after the end of the lease term
Three Common Landlord Eviction Mistakes
Improper Notice
Florida landlords must follow a specific legal process to evict a tenant, which includes giving notice to the tenant and an opportunity to make things right. The type of notice will vary depending on the reason for the termination. Failing to give the proper notice can lead to your eviction case being dismissed in court. The key here is "proper" notice: there are specific requirements for the notice time period, the method of making the notice, and what the notice should contain.
Self-Help Eviction
Trying to take matters into your own hands and evict the tenant without turning to the courts can be a big mistake. A court is unlikely to look favorably on a landlord who tried to take the law into their own hands, which will ultimately harm your property rights. You could also face a lawsuit from the tenant that could lead to severe financial losses.
No Opportunity To Cure
In most cases in Florida, when landlords give tenants notice as part of the eviction process the notice is actually a warning to either fix the issue or face eviction. The opportunity to repair the lease violation – to pay the unpaid rent, for example – is called a right to cure. It is important to give the tenant the statutory time period set out within the notice to repair the violation. Failing to do so can negatively affect your eviction case.
Call an Oakland Park, FL Landlord Attorney
When tenants violate the terms of the lease, you may have to turn to the eviction process. An experienced Fort Lauderdale, FL real estate attorney for landlords can advise you on the law and procedures so that you do not make common mistakes that could hurt your business and property. At The Elliot Legal Group, P.A. we represent landlords when tenants fail to abide by their responsibilities. Call our offices at 754-332-2101 for a consultation today.
