Florida Landlords are always asking our office the same question during the Coronavirus: When can I Evict my Tenant that has not paid rent? While we understand the Frustration, Evictions for non payment of rent cannot proceed until June 3, 2020. However, Landlords can still can Evict for Non-Monetary Violations and Termination of Month-to-Month Tenancies. A Landlord’s Ability to Evict during the Coronavirus has been effected but it is still possible.
When Can A Landlord Evict A Tenant During The Stay On Evictions Due To The Coronavirus?
Even if a Tenant has not paid rent for March, April, and May, Broward and Palm Beach Courts are not accepting Evictions for non-payment of rent. However, a Landlord can Evict a Tenant for Non-Payment of Rent if its a Commercial property. While Commercial Evictions can proceed for Non-Payment, the Sheriffs are not executing Writ of Possessions.
The Governor’s Order does not prohibit Landlords from filing Evictions under the following circumstances:
- Evict Tenants for non-monetary violations of the Lease
- Evict Holdover Tenants
Non-Monetary Violations Of The Lease
A Tenant must comply with the terms of the lease that are not related to rent. Florida Statute Chapter 83.56 states that if they fails to comply with Florida Statute Chapter 83.52, the Landlord can send them a notice that gives them 7 days to cure the non-compliance. However, there are two types of Non Compliances: Curable and Non-Curable violations.
Non-Compliances That Tenants Have An Opportunity To Cure:
- Permitting unauthorized pets, guests, or vehicles
- Parking in an unauthorized manner or permitting such parking
- Failing to keep the premises clean and sanitary.
- Keep that part of the premises which he or she occupies and uses clean and sanitary.
- Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner.
- 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 the Tenant cures any of the above violations within 7 Days, the Landlord cannot proceed with the Eviction.
Non-Compliances that Tenants Do Not Have The Opportunity To Cure:
- 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
- Tenant has found to commit a crime at the property
If the Tenant violates any of the above, the Landlord can give them a 7 Day Notice of Termination. If they do not leave after the expiration of the 7 Days, they can proceed with the Eviction.
Termination of Month-to-Month Leases
During the Governor’s Stay on Evictions for Non-Payment of Rent, a Landlord can still Evict a Tenant if the Tenant remains in the property after the lease terminates. For example, if they have a month-to-month lease with the Tenant, they only have to give them 15 days notice that the lease will terminate at the end of the month. If a Tenant remains in the property after the lease terminates, they become a Holdover Tenant. The Landlord can then commence an Eviction against them. In addition, they can sue the Tenant for double rent for every day that they remain in the property. This will become a hot issue for Landlords since many Tenants are now residing in the property for several months although the lease has terminated.
A Landlord’s Ability to Evict during the Coronavirus has been greatly affected. As a result, they have suffered a severe financial strain. However, there are ways for a Landlord to still remove a Tenant from the Property. If you have questions about your right to Evict during the Coronavirus, contact 954 Evictions Attorneys at 954.323.2529.