Landlord Evictions Tampa
Are you a landlord planning to evict a tenant? If so, you need to be aware of the extensive process that will need to take place in order to make the process fully
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Can I Evict a Tenant?
There are extensive laws and statutes in Florida that protect both landlords and tenants throughout the entire residency. Many of these laws relate to safe conditions for tenants, processes of collecting rent for landlords, and other issues that are a major part of this common relationship. In addition, there are legal procedures in place for landlords when they must remove a tenant from their property due to any number of circumstances. It is an unfortunate and stressful situation for a landlord to need to handle this process, which is why it is often a good idea to employ legal counsel to manage the major hurdles of this process while you continue to manage your day-to-day operations.
Reasons for Eviction
There are any number of reasons that you can evict a tenant, but below are some of the more common issues:
Nonpayment of Rent
This is the most common reason for eviction, and there is little argument that the tenant can make to a judge following a documented history of nonpayment.
It is unlikely that you will be able to evict a tenant simple because of normal “wear and tear” to your property, such as an accidental broken window, or scuffs on a wall in a heavily-trafficked area. However, if your tenants are treating your property recklessly, such as damaging walls, improperly installing fixtures or additions to the property, or other activities that create significant damage, you will likely have little issue proving the necessity of the eviction to a judge.
There are few, if any, circumstances where a judge will side with a tenant who is being evicted because they are partaking in illegal activities on your property. This could include selling drugs out of your rental property, operating an illegal gambling operation, sex trafficking, or any other number of illegal acts that you are absolutely not obligated to put up with.
Violation of Rental Agreement
In addition to the aforementioned problems that could justify eviction, you and your tenant will additionally sign a rental agreement before you begin your landlord/tenant relationship. This can include any number of stipulations, such as no pets, no long-term guests, or anything specific to your situation that you believe is important. If you have a “no pet” clause in your rental agreement, and then you come to discover that your tenant has been keeping pets secretly, you can begin the process of eviction.
Expiration of Lease
In some unfortunate cases, a lease will expire but a tenant will refuse to vacate the premise. In this case, you will need to leverage your legal rights, and possibly involve law enforcement if the tenant will not leave under their own accord. This situation can be sensitive, as can any eviction process, and we strongly suggest that you contact us to understand your best options to move forward with this situation.
How Much Notice Do I Need To Give Before Terminating a Lease?
Florida Statute 83.03 sets forth the minimum required times for willful termination of lease depending on the overall lease agreement:
Year to year leases require 3 months notice
- Year to year leases require 3 months notice
- Quarterly leases require 45 days
- Month to month leases require 14 days
- Week to week leases require a 7 day notice
If you operate on a different schedule than any of these agreements, contact us to discuss your requirements for terminating your lease.
Contact Us Today for Eviction Advice
If you are planning to evict a tenant, or simply exploring your legal options, contact us today to speak with an experienced real estate attorney in Tampa. We understand your situation, and will be able to work with you no matter the details in order to make this process as simple as possible.
If you are planning to evict a tenant, contact us today to discuss your legal options and how a landlord attorney can help you with this process.