Landlords Coping with Unwanted Tenants

According to Chapter 83, the Florida Landlord and Tenant Statutes, a landlord has the right to seek possession of the premises if the tenant is still occupying the premises after the lease has expired (holdover tenant) unless the landlord and tenant have agreed to extend or renew the lease, or unless the current lease provides for automatic extension or renewal. A Florida landlord also has the right to seek possession of the premises if the tenant defaults on rent due. The landlord must give the tenant the written notice as required by Florida law or as required by the lease (whichever time period is greater) requesting either payment of the rent due or possession of the premises. Contact Jay L. Fabrikant, an experienced evictions lawyer, to give you more information regarding landlord rights in South Florida.

Are you coping with unwanted tenants and need the assistance of an experienced evictions lawyer? Contact Jay L. Fabrikant, an experienced evictions attorney, who has been representing the rights of landlords in south Florida for over 47 years.

Causes for Removal of Tenant per Florida Statutes Include:

  • Continued possession of the premises after the expiration of the lease, written or oral, without the permission of the landlord
  • Default in the payment of rent under the terms of the lease, written or oral, concerning the possession of the premises
  • Continued possession of the premises after failing to cure a material breach of the lease, written or oral, or a material violation of Florida law concerning the conduct required of tenants, after the service by the landlord of the notice required by Florida law demanding that the tenant cure the breach or vacate the premises

In the case of a material breach of the lease, written or oral, other than nonpayment of rent, the landlord, as required by Florida Statutes, must serve a written notice to the tenant requiring the tenant to cure or fix the material breach within 7 days (or the number of days as contained in the written lease) or surrender possession of the premises.

In this volatile real estate market with a worsening economic outlook, landlords are struggling financially and cannot afford to keep deadbeat or destructive tenants. The procedure for evicting a tenant can be complicated and time consuming. If you are dealing with a tenant who has defaulted in the payment of rent; or refuses to vacate the premises after the lease has expired; or by conduct has materially breached the lease or Florida Statutes, contact Jay L. Fabrikant, an experienced evictions attorney, who knows how to represent landlords.

If you are coping with unwanted tenants, contact Jay L. Fabrikant, an experienced evictions attorney, who has been representing the rights of landlords in Florida for over 47 years.