LANDLORD/TENANT EVICTIONS & DISPUTES
A landlord/tenant dispute is statutorily governed in Florida. These stipulations regarding landlord-tenant law is mandated by Florida Statute §83. Proper navigation of the statute in addition to the rules of the court assist to accomplish an expedited eviction for a landlord. However, Failure to follow the state law dictation can be devastating for a landlord who may be unable to evict a tenant, but also responsible for the fees of a tenant lawyer in addition to court costs.
An example of this situation for an unsuspecting landlord is the 3-day notice requirements of Florida Statute §83.56. A landlord possesses no excuse or additional recourse aside from following this statute emphatically. Florida legislature is generous enough to provide a 3-day notice to any residential landlord to use prior to beginning an eviction. The notice states as follows:
You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, as well as legal holidays) from the date of delivery of this notice, to wit: on or before the day of, (year).
(Landlord’s name, address and phone number)
Common sense dictates using this proposed wording when issuing a 3-day notice to a residential tenant. In other words, there is no need to “reinvent the wheel.”
A lease agreement that is signed by both parties is the legal foundation of any residential landlord-tenant relationship. Leases benefit both landlords as well as tenant rights. Leases include parameters like:
- Rent amount and the date it must be paid by every month
- The amount of the security deposit
- Whether pets are allowed in the unit or not
- The address as well as the unit and a description
It is also important to recognize parameters which can make a lease agreement illegal, including:
- A waiver of the right to sue the landlord
- Discrimination against tenants based on their race, religion, gender, in addition to others.
Lease agreements can be implemented for a period of a year or more. Rental agreements apply for a period of 30 days, or similar stipulations. Before signing an agreement, read it thoroughly. This will help you understand the specific terms of what is being asked of you.
The landlord-tenant statute (for both commercial and residential tendencies) involves careful review and compliance with Florida Statute §83. While most landlords elect to the begin a process to evict a tenant without a lawyer for eviction and their assistance, this can create devastating results. A litigious tenant or tenant’s attorney can tie up your property for months in court. All while you do not receive any rental payment income. Although Florida statute §83 calls for a tenant to deposit the disputed rent into the court’s registry to avoid an eviction judgment, it requires a knowledge of the inner workings of the South Florida court system. This ensures that any possible dispute is reduced to an eviction judgment as expeditiously as possible.
Moreover, if technical compliance with Florida Statute §83 (i.e. a faulty 3-day notice) is not met by the landlord, you can expect to be paying the attorney’s fees and costs to the tenant and additionally their attorney, as Florida Statute §83 is a fee-shifting statute. This only raises the stakes higher for a Miami, Florida landlord.
COMMERCIAL LITIGATION LAWYER
At the Law Offices of Paul A. Humbert, P.L. our law firm can assist you in the Broward County, Miami Dade County, Fort Lauderdale, Coral Gables, or anywhere in South Florida. We handle cases regarding landlord-tenant issues that arise. A skilled landlord attorney is proactive to work towards your best interests. This ensures that any dictation of Florida Statute §83 is properly interpreted as well as adhered to correctly.
For more information on landlord/tenant disputes and litigation, please contact the Law Offices of Paul A. Humbert, P.L. In a dispute with a tenant, it is easy for a landlord to come out looking like the bad guy. However, we can achieve positive outcomes in many cases of this nature through defending the legal rights of our clients in a court of law. Our ultimate goal is ensuring that you get compensated. This compensation can be in the form of repayment for rent or damages, in addition to compensation in the form of justice.