Coronavirus, Eviction, Landlord-Tenant, Termination

How Has A Landlord’s Ability To Evict A Tenant During The Coronavirus Been Affected?

How Does the Coronavirus Affect a Landlord's Ability to Evict a Tenant
How Does the Coronavirus Affect a Landlord’s Ability to Evict a Tenant

Landlords ask the same question during this Pandemic:  When can I Evict my Tenant that has not paid rent?  The most recent Governor’s order now allows for the Removal of Tenants that have failed to pay rent.  In addition, they can file for Non-Monetary Violations, Commercial Evictions and, Termination of Month-to-Month Leases.  While a Landlord’s Ability to Evict during the Coronavirus has been effected it is still possible.

When Can A Landlord Evict A Tenant During The Stay On Evictions Due To The Coronavirus?

Broward and Palm Beach Courts are accepting Evictions for non-payment of rent.  The most recent order allows Evictions for Non-Payment to proceed but with limitations. If a Tenant can prove that they have been economically impacted, the Eviction cannot proceed.  However, it must be alleged in their response.    Again, this only relates to Evictions for Non-Payment of Rent.  Landlords can proceed with Commercial Evictions for Non-Payment of Rent.

The Order does not prohibit Evictions under the following circumstances:

  1. Non-monetary violations of the Lease
  2. Holdover Tenants
  3. Commercial Evictions

Non-Monetary Violations 

A Tenant must comply with the terms of the lease that are not related to rent. 83.56 states that if they fail to comply with 83.52, the Landlord can send them a notice to cure.  There are two types of Non Compliances:  Curable and Non-Curable violations.

Non-Compliances That Tenants Can Cure: 

  1. Permitting unauthorized pets, guests, or vehicles
  2. Parking in an unauthorized manner or permitting such parking
  3. Failing to keep the premises clean and sanitary.
  4. Keep that part of the premises which he or she occupies and uses clean and sanitary.
  5. Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner.
  6. Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.

If they cure any of the above violations, the Landlord cannot proceed.

Non-Compliances that Tenants Cannot Cure:

  1. Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so
  2. Tenant has found to commit a crime at the property

If they violate any of the above, the Landlord can give them a 7 Day Notice of Termination.  If they do not leave after the 7 Days, they can proceed with the Eviction.

Termination of Month-to-Month Leases

A Landlord can Evict a Tenant if they remain in the property after the lease terminates.  For example, if they have a month-to-month lease, they only have to give 15 days notice that the lease will terminate at the end of the month. If a Tenant remains, they become a Holdover Tenant.  As a result, the Landlord can commence an Eviction.  In addition, they can sue them for double rent for every day that they remain.  This has become beneficial for Landlords since many Tenants are residing in the property for several months after the lease has terminated.

A Landlord’s Ability to Evict during the Coronavirus has been greatly affected.  However, they can still remove the Tenant from the Property.  If you have questions about your right to Evict during the Coronavirus, contact 954 Evictions Attorneys at 954.323.2529.