Landlords Need To Maintain Property Even Though Tenant Is Not Paying Rent

The biggest headache for many Landlords is non-paying Tenants. Not only are they losing monthly rent, they will likely have to spend money on the Eviction Process.  More importantly, they still must comply with the lease.  Landlords need to maintain property even though Tenant is not paying rent.  In other words, they are still subject to liability although they are not receiving money from the Tenant.  If you have questions about your responsibilities as a Landlord, contact 954 Eviction Attorneys, PLLC at 954.323.2529.

Why Landlords Need to Comply with Terms of the Lease with a Non-Paying Tenant

The famous saying “two wrongs don’t make a right” really is on point when pertaining to a lease.  It is without question that the Landlord expects their Tenant to pay on time every month.  Failure to do so allows the Landlord to commence with the Eviction Process.  As a result, they will be able to take possession of their property and rent it to another Tenant. While this remedy is available to them, they cannot take any action that violates the lease.  In the event they are in breach, they are allowing the Tenant to file their own action against them or effectively defend against an Eviction.  In other words, any breach by the Landlord can give rise to a counterclaim in the same Eviction action.

The most common example is a Landlord that turns off the power or air conditioning because the Tenant is not paying rent.   Some argue that the money that they receive in rent is used to pay for the Utilities. This however does not make a difference.   Florida Statute 83.67 states in part that: (1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.  In other words, a Landlord cannot cut off access to a Tenant just because the Tenant is behind on rent.  

Do not make the mistake of failing to maintain your property although your Tenant is not paying rent.  Before you take any action, contact 954 Eviction Attorneys, PLLC at 954.323.2529.