In the State of Florida, the majority of Evictions that are filed by Landlords pertain to the non-payment of rent by the Tenant. Once a Tenant fails to pay rent, a Tenant is given a three (3) day notice to pay rent or vacate the property. If the Tenant fails to pay rent to the Landlord but remain in the property, the Landlord has the right to commence Eviction Proceedings in County Court of where the property is located. However, there are circumstances that allow a Landlord to Evict a Tenant that are not related to a Tenant’s failure to pay.
If a Tenant violates a provision of the lease or Florida Statutes that is unrelated to the Tenant’s failure to pay rent, the Landlord can still commence Eviction Proceedings. Unlike the three (3) day notice that is given to a Tenant for failure to pay, non-monetary violations of the lease or Florida Statutes require the Landlord to give the Tenant a seven (7) day notice to cure the non-monetary violation.
Some examples of violations that a Landlord must give the Tenant the opportunity to cure include:
- Keeping pets in the unit that are not authorized by the Landlord;
- Allowing guests to reside in the property that are not on the lease or authorized by the Tenant; and
- Not keeping the unit in a sanitary condition.
If the Tenant cures these violations during the seven (7) days, the Landlord cannot proceed with Eviction Proceedings. If the same violation is committed by the Tenant within twelve (12) months after they received the initial seven (7) day notice, the Tenant will then receive a seven (7) day notice of Termination. At this point, a Tenant cannot cure the violation and must vacate the unit within seven (7) days. If they fail to vacate, the Landlord can commence Eviction Proceedings in County Court of where the property is located.
There are also non-monetary violations committed by the Tenant wherein the Landlord does not have to give the Tenant the opportunity to cure because the violation is not curable.
These violations include:
The Intentional Destruction of the Landlord’s property or the other Tenants’ personal property;
The misuse of the Landlord or other Tenants’ personal property; and
A Tenant will not have the opportunity to cure these violations. Unlike a seven (7) day notice to cure, if a Tenant has committed the violations above, they will receive a seven (7) day notice of termination. If the Tenant fails to vacates the property within seven (7) days, the Landlord has the right to commence Eviction Proceedings in County Court after the seven (7) day expires.
If you are a Landlord that has a Tenant that has committed non-monetary violations of the lease, contact 954 Eviction Attorneys, PLLC at 954.323.2529. We have Offices in both Broward and Palm Beach Counties. Our experienced Eviction Attorneys will guide you through the Eviction Process to ensure that your rights as a Landlord are protected.