What Is A Non-Monetary Eviction In Florida?
Florida Non-Monetary evictions in Tenancies happen more than one would think. So what exactly is a non-monetary eviction in a Florida Residential Tenancy?
As a Landlord, it is important to remember that you can evict for reasons besides not payment of rent. Not only do they need to pay, they have 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.
- Keep in compliance with both state and local ordinances and laws.
What is the Process to Withhold Rent?
In almost all situations, the Landlord is required to give a seven (7) day notice to the Tenant that there is an issue that they want fixed or corrected before filing a lawsuit for a non-monetary eviction. Without proper notice, the eviction will be dismissed and the landlord will be required to start the eviction over once the notice requirement is met
What Happens if a Landlord interferes with a Tenant’s Right of Quiet Enjoyment?
Another important fact 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, always review the lease,. Accordingly, when the lease is silent on the issue, 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. Call us @ 954. 323.2529 to set-up a time at our Broward County office in Coral Springs, Florida or Palm Beach County office location in Lantana, Florida.