Eviction, Security Deposit, Self-Help, Termination, Unlawful Detainer, Writ of Possession

Can a Landlord Evict a Tenant for Reasons Other than Non-Payment of Rent?

Can a Landlord evict a Tenant for reasons other than non-payment of rent?
Can a Landlord evict a Tenant for reasons other than non-payment of rent?

Most Evictions pertain to non-payment of rent.   Once a Tenant fails to pay, they are given a 3 day notice.  If they fail to pay rent but remain in the property, a Landlord can commence Proceedings.  However, there are circumstances that allow them to Evict a Tenant for reasons other than non-payment of rent.

If they violate a provision of the lease or Statute that is unrelated to rent, they can file an Eviction.  Unlike the 3 day, non-monetary violations require them to give them a 7 day notice to cure.

examples that they must give the opportunity to cure include:

  1. Keeping pets in the unit that are not authorized by the Landlord;
  2. Allowing guests to reside in the property that are not on the lease or authorized by the Tenant; and
  3. Not keeping the unit in a sanitary condition.

If the violations are cured, the Eviction cannot proceed.   If the same violation is committed within 12 months, they will receive a notice of Termination.  At this point, they cannot cure it and must vacate within 7 days.  If they fail to vacate, the Landlord can commence Eviction Proceedings.

There are non-monetary violations wherein the Landlord does not have to give them the opportunity to cure.

These violations include:

  1. The Intentional Destruction of the Landlord’s property or the other Tenants’ personal property;

  2. The misuse of the Landlord or other Tenants’ personal property;

  3. Crimes.

A Tenant will not have the opportunity to cure them.  Unlike a 7 day notice to cure, if a Tenant has committed the above, they will receive a 7 day notice of termination.  If they fail to vacate, the Landlord can commence Eviction Proceedings in County Court.

If you need to Evict a Tenant for reasons other than non-payment of rent, contact 954 Eviction Attorneys, PLLC at 954.323.2529. We have Offices in Broward and Palm Beach Counties. Our Eviction Attorneys will guide you to ensure that your rights are protected.

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