Many Florida Landlords require their Tenants to purchase Renter’s Insurance. In fact, they include it in the lease. Like any violation, if they do not comply, they can face consequences. If you have questions about whether a Landlord can Evict a Tenant that fails to obtain Renter’s Insurance, contact 954 Eviction Attorneys, PLLC at (954) 323-2529.
When can you Evict a Tenant that fails to Obtain Renter’s Insurance?
Some Landlords require their Tenants to obtain Renter’s Insurance prior to moving into their property. This protects Tenant’s property if it is damaged in a fire, hurricane or vandalized. Additionally, it covers Tenants against a Third Party getting injured at the property. Our office has found that this has increasingly become a requirement for many Landlords. However, most fail to act on removing a Tenant that does not purchase it.
If a Landlord wants to Evict a Tenant that fails to obtain Renter’s Insurance, they must follow Florida Statute 83.56(2)(b). First, they must serve the Tenant a Seven Day Notice to Cure. Upon being served, the Tenant has seven days to purchase Renter’s Insurance. If they do within time, the violation is cured and the lease continues. If they fail to do it, the Landlord can file an Eviction to remove from the property. A Landlord will likely be successful in Court because the case is easier to prove. It will come down to whether they purchased it or not.
A Tenant may argue that they purchased it after the Case was filed but still have a policy. While it may be true that a policy was obtained, it still occurred after the 7 day Notice period. After a Final Judgment is entered by the Court, a Writ of Possessio will be issued. It is true that most Landlords do not make a big deal over Renter’s Insurance. However, if it is essential that it is included in the lease and the Tenant fails to comply, a removal action can be commenced. If you questions about whether a Landlord can Evict a Tenant that fails to obtain Renter’s Insurance, contact 954 Eviction Attorneys, PLLC at (954) 323-2529.
