Evictions can apply to tenants of both residential and commercial properties in Florida. Under Chapter 83 of the Florida Statutes, there are certain circumstances in which a landlord can move forward with an eviction of a tenant. In some cases, evictions can occur during the term of a lease agreement, or they can occur after a lease agreement has ended. Depending upon the reasons for the eviction, a landlord may be able to lawfully evict a tenant, but in some cases, the tenant may be able to file a claim against the landlord for a wrongful eviction. If you have questions about your rights or responsibilities when it comes to evictions under Florida law, one of our attorneys can speak with you today.
Evictions Issues Our Lawyers Handle
Our evictions lawyers represent clients in many different types of evictions issues, including but not limited to the following:
- Terminating a commercial or residential tenancy;
- Notice for termination of a lease without cause;
- Notice for termination of a lease with cause;
- Tenant removal;
- Responses to tenant defenses to evictions
- Post-sale convictions.
Florida law provides clear information about how and when a tenant can be evicted from a property, and it is important to seek advice from an experienced evictions lawyer in Florida.
Lawful Eviction of a Tenant
Tenants in Florida can be evicted lawfully for multiple reasons, but a landlord must provide proper notice. Under Florida law, a landlord must provide either a notice for termination of the lease without cause or a notice for termination with cause, depending upon the circumstances.
In order to terminate a tenant’s tenancy without cause, Florida law allows the landlord to lawfully terminate the tenancy in one of two ways depending upon the type of lease agreement. If a tenant is on a month-to-month rental agreement, then a landlord can provide a 15-day notice of termination, after which point the lease will be terminated and the landlord can move forward with the eviction process. When a tenant has a fixed-term lease, the landlord must wait until the end of the tenancy to terminate the lease if the landlord is terminating the tenancy without cause.
When the landlord is terminating the tenancy for cause, then the landlord has more legal options. Some of the most common reasons that a tenant’s tenancy can be ended, and that tenant can be evicted, include:
- Tenant failed to pay rent;
- Tenant violated a term of the lease agreement;
- Tenant significantly damaged or destroyed the rental property; or
- Tenant created disturbances that were unreasonable.
Removal of a Tenant
In order for a landlord to remove a tenant from a rental property, the landlord must move forward with an eviction lawsuit if the tenant will not vacate the property. A landlord can only file an eviction lawsuit once a notice of termination has been provided to the tenant.
When an eviction lawsuit is filed, a tenant can contest the eviction and may be able to raise certain defenses, such as that the landlord failed to provide notice of termination of the lease, or that the landlord failed to maintain the property in a reasonably safe condition that was free from hazards.
Contact Our Evictions Lawyers
Do you have questions about evictions under Florida law? An eviction attorney can assist you. Contact Gilbert Garcia Group, P.A. today.