Eviction, Unlawful Detainer

Removal of Unapproved Guest to Staying in Florida Property

Removal of Unapproved Guest to Staying in Florida Property
Removal of Unapproved Guest to Staying in Florida Property

Most Florida residential leases signed between a Landlord and a Tenant have a section in the lease that clearly lists the only individuals that are allowed to reside in the property. If there are additional individuals besides the approved Tenant(s) that are residing in the property that are not on the lease or have not been approved by the Landlord, the Landlord has the right to commence a termination action against the Tenant if the Tenant has allowed them to live in the property.

Prior to commencing a termination action against a Tenant for allowing an unapproved individual to reside in the property, the Landlord first has to determine if the Tenant has the opportunity to cure this violation. Florida Statute 83.56(2)(b) provides that having unauthorized guests is an example of a noncompliance that the Tenant should be given the opportunity to cure. Pursuant to 83.56(2)(b), the Landlord is required to give a Seven (7) Day notice to the Tenant allowing him or her Seven (7) days to cure the noncompliance. If the unauthorized guest is removed from the property within Seven (7) Days, the Landlord will consider the noncompliance as cured and cannot proceed with a removal action. If the Tenant fails to cure the noncompliance within Seven (7) Days and the unauthorized guest still remains in the property, the Landlord can terminate the tenancy

If you are a Landlord and have a Tenant that has permitted an unauthorized guest to reside in the property with them, contact 954 Eviction Attorneys, PLLC today at 954.323.2529. We have offices in both Broward and Palm Beach County in order to better serve our clients. Allow the Eviction Attorneys of 954 Eviction Attorneys, PLLC help you understand your rights as a Landlord.

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