What Is A Non-Monetary Eviction In Florida?
Florida non-monetary evictions in residential tenancies happen more than one would think. So what exactly is a non-monetary eviction in a Florida residential tenancy?
As a tenant, it is important to remember that you can be evicted for other reasons besides not paying your rent. Not only does a tenant need to pay rent timely, a tenant has the responsibility to maintain the property without damage, keep the plumbing and other utilities maintained and working correctly, refrain from any illegal activity, follow the terms of the lease, and keep in compliance with both state and local ordinances and laws. If a tenant fails to follow the rules, with proper notice by your landlord, a tenant may be evicted. For more info, please see our firm’s website and Florida Statutes 83.52 and 83.56
In almost all situations, the landlord is required to give a seven (7) day notice to the tenant that there is damage or an issue that the landlord wants fixed or corrected before filing a lawsuit for a non-monetary eviction. Without proper notice, the landlord’s eviction case will be dismissed and the landlord will be required to start the eviction case over once the notice requirement is met.
Another important fact to remember for both the landlord and tenant is that the landlord cannot interfere with the tenant’s right to possess the property in anyway until a court order is entered by the judge. This means that the landlord has no right to turn off any utilities, change the locks, or any other type of material inference absent a court order saying otherwise. This is true even if the tenant has not paid rent. The landlord must wait until the eviction is complete and the court order is entered before taking any further steps in or upon the property. If a landlord does self-help or other prohibited practices under Florida Statute 83.67, we are here to help and can protect your rights.
When trying to determine what rights you or your tenant has, please always first review the lease, and when the lease is silent on the issue, please refer to Chapter 83 of the Florida Statutes on the matter. If you are unclear please contact a landlord tenant attorney.
What Is The Process For A Non-Monetary Eviction In Florida?
The experienced team of Ft. Lauderdale eviction attorneys at 954 Eviction Attorneys, PLLC are here to help with non-monetary evictions and all of your Landlord-Tenant needs. Call us today @ 954. 323.2529 to set-up a time to come into our Broward County office location in Coral Springs, Florida or Palm Beach County office location in Lantana, Florida.