Florida Law requires a Landlord to maintain their property. Failure to do so can result in the Tenant withholding rent. This occurs when they send their Landlord a 7 day Notice to Cure. While the demands may be without merit, a Landlord should be careful if they decide to evict them. If you have questions about Evicting a Tenant after receiving a 7 Day Notice to Cure, contact 954 Eviction Attorneys, PLLC at 954.323.2529.
Evicting A Tenant After Receiving A 7 Day Notice to Cure | Make Sure You Look At The Facts
Take the following scenario: A Tenant believes that there is mold in the property. They ask the Landlord to come to inspect it. The Landlord sends a Company to the property and finds no traces of mold. The Tenant still decides to withhold rent. If the notice is sent to the Landlord seven days before the next rental period, they can still proceed with the Eviction but should be careful. The Tenant will use the 7 Day notice as a defense. Since the Landlord determined that there is no mold in the property, the likelihood that the Eviction will be granted increases.
What If There Is Mold In The Property And Notice Is Timely Given To The Landlord
Take the next Scenario: If the Tenant runs a test and mold is found, they can try to the right to withhold rent. However, they must give the Landlord 7 Days Notice prior to the next rental period. If the Landlord decides to file an Eviction against the Tenant, they risk having the Eviction dismissed by the Court. After the Tenant files their response, the Court will set an Evidentiary Hearing on their Defense. This will require the parties to produce evidence that disproves the other sides argument. Further, the Landlord will need to bring in the representative of the Mold Company to serve as a Witness. This could spell disaster for the Landlord. If the Court determines that the Tenant lawfully withheld rent, a Judgment could be entered against the Landlord and they may also be liable for Attorney’s Fees.
How Can Landlords Protect Themselves Against The 7 Day Notice?
Before they decide to evict, they need to make sure all violations are removed. While they cannot prevent a Tenant from withholding rent, if it is without merit or they fail to comply with the notice requirement, a Landlord’s chances of evicting increase.
Evicting a Tenant after receiving a 7 Day Notice to Cure may not always be the best course of action. Before you make the decision to Evict, Contact 954 Eviction Attorneys, PLLC at 954.323.2529 to learn about your rights.
