Landlord Tenant Eviction Process Laws in Florida essay
- Introduction
Nowadays the problem of renting accommodation in the United
States is an actual one. Not all the citizens of our country have an opportunity to buy a house or an apartment. The reasons to this issue lie in the economic crisis and the wage levels. Today the best way to find a lodging is to rent an apartment or a house. In this case there will be two parties involved in the business. They are a tenant and a landlord.
Definition of the word tenant: A tenant is a person who has an official right to occupy some rental property and who concluded a special treaty – rental agreement. It is also called a lease.
Definition of the word landlord: A landlord is a person who owns the rental property and who leases it to another persons. He is also called a lessor. The landlord let the tenant to use his rental property for a certain amount of money – a monthly rent. (Hurrison)
It is known that the landlord/tenant laws are different in different states but there are special legal protections for each party of the rental agreement. Landlord/Tenant eviction process laws in Florida help to render justice.
My goal in this independent research project is to explain how the landlord/tenant eviction process laws operate in the state of Florida.
- Discussion themes
This independent research project touches upon the themes which are closely connected with the topic of the paper. It discusses the court decisions concerning the landlord/tenant eviction process, the Statutes of Florida which have relation to the issue under study. Moreover, it represents the literature review on this topic including the review of appropriate articles.
2.1. The Contents of the Rental Laws in the State of Florida
There are special laws in Florida which govern the relationship between the landlords and the tenants. These laws are fair to both the landlords and the tenants. The rental laws state the rights and liabilities of both parties of the rental business. It is known that in Florida written leases are considered to be not mandatory but it is necessary to draw up a lease between the landlord and the tenants. The terms stated in the lease must comply with Florida rental laws which can be found in Chapter 83, Part II of the Florida Legal Code. (Lancett)
According to the Chapter 83.46 of the Florida Legal Code, renting a house or an apartment must be payable without notice being given and without requesting payments from the part of the landlord. It should be done by the tenants on the first day of each rental period. The tenancy period must be agreed.
Landlords have the right to inspect rental property regularly.
According to the Chapter 83.53(2)of the Florida Legal Code Landlord’s Access to Dwelling Unit, the landlords are to give their tenants reasonable notice of entry for the purpose of repairs in a due time. (Florida Residential Landlord and Tenant Act, Statute 83, Part II)
2.2. Eviction in Florida. Main Reasons.
It is known that reasons for eviction are basic for each state in the United States. The State of Florida authorizes the main reasons according to which the tenants can be evicted. According to the rental law, the tenants should leave the premises immediately after the court’s decision concerning eviction. The landlord himself has no right to remove his tenants without going through the court system. (Bumpress)
The main reasons for evictions in the state of Florida are the following ones:
- Nonpayment of rent. If the tenant does not pay a rent or he forgets, or he misses the monthly payment due to some circumstances, the landlord should hand him a Notice and wait three days. If the tenant pays the monthly rent, the landlord should stop the eviction process. If the tenant did not pay the rent and continues to occupy the dwelling , the landlord should proceed the eviction process.
- Violating rental rules. It means violating the lease agreement or the Landlord-Tenant Act. The tenant’s breaches are divided into two types: curable and non-curable. Curable breaches mean that the tenant has a chance to handle the problem. Curable violations include keeping unauthorized pets, inviting unauthorized quests, ignoring to keep the dwelling in the appropriate sanitary
- If the tenant abandons the premises for more than 1/2 of the rental time period and does not pay the rent or does not give the written notice, the landlord has the right to start eviction proceedings.
The landlord should go to the Courts and fill the eviction form which he may obtain from the Clerk of Courts.
Moreover, he should follow the instructions:
- Three day Notice to tenants must be sent by mail or handed prior the filling an eviction action.
- To formalize the paperwork which include the following documents: complaint for tenant eviction, copy of the three day Notice to tenant, Rental agreement, Filling fee in the form of a check or money order which should be paid to Sheriff of the County.
- To make copies of all the documents.
- To file the case with the Clerk from the Court.
- After the tenant has been informed, he has five days to respond to the Complaint except the day of summons, Saturdays, Sundays, Legal Holidays.
- It is necessary to contact the Clerk of Court in order to inform if the tenant has responded to the Complaint.
In case the tenants failed to respond the Complaint it is necessary to do the following:
- to obtain Judgment for eviction which include such paperwork as Motion for Default, Final Judgment.
- To make copies of all the documents.
If the tenant does not vacate after receiving the Final Judgment, it is necessary to obtain the Writ of Possession from the clerk of the court.
The Sheriff will require a fee for service of the Writ Possession and the landlord should complete the Sheriff information sheet. The landlord should contact the County Sheriff office in order to get the necessary information concerning the Writ of Possession and Attorney. (The National Landlord Tenant Guides, Florida Eviction)
