Analysis of the article Evictions and Florida Evidence Law by Brian P. Wolk, Attorney at Law
Analysis of the article The Tenant’s Duty to Maintain by Michael Geo. F. Davis, Attorney at Law.
The article touches upon the problem of leasing in Florida and represents all the necessary information which will help to prevent eviction. The author of the article, an experienced Attorney at Law represents his ideas concerning the issue. He says that the rental premises can be owned by the landlord or the sublease. According to the rental laws in Florida the landlord is responsible for the appropriate preparation the premises for occupancy including the repairs. In this article the author pays his attention to the duties of the resident “to maintain”. The Florida Residential Landlord/Tenant Act has such a statutory section Tenants obligation to Maintain the Dwelling Unit which requires not only the proper physical occupation of the rental premises but also the proper behavior of the tenant and his guests on the territory of the landlord’s property. The author of the article notes that this section does not differentiate family houses, duplexes and multifamily rentals. The tenant’s duties are the same in all the cases. If the tenant ignores his obligations this fact will be the main “basis for the landlord’s service of a Seven Day Notice” concerning the Noncompliance with Opportunity to Cure. The author represents different sections of the statute concerning the tenant’s obligations in Florida and finds some interesting points. For example, the section FS 83.52(2)Clean and Sanitary reads that the resident should “keep that part of the premises which he or she occupies and uses clean and sanitary”. Here the word premises stands for not only the tenant’s apartment but also the whole building where this apartment is located and the area for the common use of all the tenants living in the house. This does not mean that the tenant should the building and common areas. It will be the duty of the landlord. The same thing with the garbage. The tenant does not require to remove garbage from all the property. He is to remove the garbage from his apartment only. (FS 83.52(3))These minor details can provoke problems and even lead to eviction (as violation of rules). (Davis)
Analysis of the article Evictions and Florida Evidence Law by Brian P. Wolk, Attorney at Law
This article written by the Attorney at Law who has a great experience in rental laws touches upon the theme of evictions in Florida. He describes the eviction process where the property manager has a great desire to remove the tenant for nonpayment of rent. The experienced attorney advises to look to the attorney for help in order to avoid various troubles and to speed the process of tenant’s removal. The attorney must be given the proof of the tenant’s noncompliance. It is known that Florida laws have very understandable guidelines concerning the type of proof which will be represented to the judge during the process of eviction. The proof should be a good evidence which will capture the judge’s attention. The main purpose of the author in this article is to show what things will help to have success in the process of eviction in the court. The Florida Evidence Code in sections 90.201 permits the court to use judicial notice. For example, the judicial notice of facts that proves that July 4, 2010 was Sunday. Using the documentary evidence can also help to win in the process of eviction. For example, using tape recorder for putting down the loud music of the neighbor who has an obnoxious conduct or using camera to make pictures of the numerous guests who make noise at night time. Another proof which can be used in the court during the eviction process is the police report. The written statements of other tenants can also be of value in the court. (Wolk)
Conclusion
In conclusion, it is necessary to say that problems in housing rental will always provoke conflicts between the landlords and the tenants in Florida. That is why it is very important to go to the law and to file an eviction. Moreover, it is very important to execute the rental agreement in due time and in a proper way.
