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What are lawful grounds on which you can evict your Florida tenant?

| Oct 13, 2020 | Commercial Real Estate |

Many people think of the eviction process as a long, drawn-out affair that can take months. That’s not the case, however. Landlords who have non-paying tenants may be able to evict them in as little as two weeks. If you’re a landlord, you must follow specific steps when you need to effect an eviction.

You must also have a lawful reason for evicting your tenant. For example:

  • Florida law generally requires a tenant to pay their rent on the due date, or a landlord can evict them for not doing so. State law prohibits tenants from using the excuse that it was a holiday, weekend or grace period that caused them to render a late payment.
  • Landlords must provide their tenants with a Notice to Pay Rent or Quit if their rent is one day late. Their notice must be in writing and give the tenant three business days to pay what they owe. A landlord can commence eviction proceedings if they don’t pay by then.
  • Florida landlords can also evict their tenants for violating their lease terms. They must provide their residents with a Notice to Cure or Vacate in writing and give them at least seven days to address a curable offense such as noise or cleanliness.
  • Tenants who commit serious, incurable offenses such as repeated violations or illegal activity may not receive a chance to fix anything. Landlords can instead send them an Unconditional Quit Notice warning them of their eviction in seven days.
  • Landlords don’t have to allow their tenants to stay living in their property beyond the terms of their rental agreement. They must, however, provide their tenant with a lease termination notice. Landlords may begin eviction proceedings if a tenant fails to move out by their previously agreed-to date. There are various other steps that you must follow once you serve a tenant with any given notice.

You may think that you have a right to kick your tenants out and take over your property the minute they violate your lease terms. The eviction process isn’t as easy as that, though. A residential real estate attorney can advise you of the steps you must take to evict your Naples tenant in alignment with Florida law successfully. 

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