LANDLORD/TENANT EVICTIONS & DISPUTES
Landlord/tenant disputes are statutorily governed in Florida, primarily by the dictates of Florida Statute §83. Proper navigation of the statute and rules of court will assist in an expedited eviction for a landlord. However, failure to follow the strict mandates of the statute can be devastating for a landlord, who may not only be unable to evict, but also responsible for the tenant’s attorney’s fees and court costs.
An example of such a trap for the unsuspecting landlord is the 3 day notice requirements of Florida Statute §83.56. A landlord has no excuse not to follow the statute to a tee, as the Florida legislature was generous enough to provide a sample 3 day notice for the residential landlord to use prior to eviction. It 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 in issuing 3 day notices to residential tenants. In other words “don’t reinvent the wheel.”
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 area, or anywhere in South Florida. We handle cases regarding landlord-tenant issues that arise.
For more information on landlord/tenant disputes and litigation, please contact the Law Offices of Paul A. Humbert, P.L.