Most Tenants pay rent in the beginning of every month. If they fail to pay, they can be evicted. However, there are instances when an individual residing in a property does not pay rent but a utility bill. Is that person still considered a Tenant? If you have questions about whether a Landlord can evict a Tenant that only pays the Utility Bill, contact 954 Eviction Attorneys at 954.323.2529.
Is It Possible To Evict A Tenant That Only Pays The Utility Bill?
The payment of rent is evident in most Leases. However, some Tenants have different payment arrangements with their Landlord. This includes paying the Utility Bill. While not the same as rent, it can serve the same purpose. If the Individual agrees to pay it every month, then they are a Tenant. Florida Statute Section 83.43(11) helps define a rental payment. It states: “Periodic payments due the Landlord from the Tenant for occupancy under a rental agreement and any other payments due the Landlord from the Tenant as may be designated as rent in a written rental agreement.” Therefore, if a person is allowed to reside in a property by paying the monthly utility bill, they are a Tenant and can be evicted if they fail to pay it.
What Happens If An Individual Pays The Utility Bill Without An Agreement?
If a Homeowner allows an Individual to reside in their property without any agreement, there is no Landlord/Tenant Relationship. Even if they pay the Utility every month, they still may not be considered a Tenant. Therefore, if a Homeowner decides to remove them, they need to file an Unlawful Detainer and not an Eviction. The filing of an Eviction could result in the case being dismissed costing the Homeowner time and money.
An individual that pays every month to the Homeowner to reside in their property is considered a Tenant. If you have questions about whether a Landlord can evict a Tenant that only pays the Utility Bill, contact 954 Eviction Attorneys at 954.323.2529.