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Landlords & Tenants – Select the State you live in, get the answers you need for evictions.

Landlords & Tenants – Select the State you live in, get the answers you need for evictions.

  • Posted: Dec 15, 2023
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Find Eviction Laws, How to file an eviction, Learn the Eviction Process and State Specific Legal Forms.

Landlords & Tenants – Select the State you live in, get the answers you need for evictions.

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Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

  • Posted: Apr 09, 2022
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Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

 

These are questions you should be asking before you get in the middle of a dispute.

When you can’t resolve an Eviction on your own, there are laws that a Landlord or a Tenant must follow. Ultimately,  you’ll learn the best approach to complete an Eviction and protect yourself as Tenant. Understandably, the law is complex.  Therefore, we will help you understand the Process as well as the cause of disputes.

The Reality and Rationale Behind the Eviction Process

Eviction is the process that Landlords must go through to remove a Tenant that violate the Lease. This can be a tense situation. When tempers flare, communications become a challenge as each party feels that they have been wronged.  Ideally, the process is easier when there is a written lease agreement. But occasionally, Evictions do happen when no lease is present. Furthermore, in some instances, Landlords and renters work out a month to month agreement. In such a case, they hold the right to deliver a month to month Eviction notice. In the end, it is best to complete the process of evicting a tenant with the help of an Eviction Lawyer.

Different Types of Notices

Landlords can complete an Eviction without much difficulty if the Tenant agrees to vacate. In these instances, there is no need to hire an Eviction Lawyer.

The following are the different types of notices you can send under the Florida Eviction laws when you have cause to evict a renter.

3 Day Eviction Notice

Sometimes Tenants do not pay their rent. As a result, the Landlord can send a 3 day Florida Eviction notice instructing them to pay or leave within 3 days. If they choose not to pay and leave within 3 days, you can file an Eviction. Weekends and holidays are not included in the 3 days.

7-Day Eviction Notice 

This notice is applicable when Tenants violate a section of the lease that can be corrected. It requests a correction of the noncompliance to the agreement within 7 days or the lease is terminated. If you do not receive a response, you can file an Eviction with the help of an Lawyer.

On the other hand, there are violations committed by a Tenant that cannot be corrected.  83.56 defines a violation of this type as Destruction, damage, or misuse of the Landlord’s or other Tenants’ property by intentional act or a subsequent or continued unreasonable disturbance.  If their actions are found to be in violation of this Statute, a Landlord can serve them a 7 Day Notice of Termination.  Unlike a Notice to Cure, they must vacate the property within 7 Days.  Failure to leave allows a Landlord to file an Eviction.

How to Evict Someone in Florida Without a Lease?

Evicting a Tenant without a lease is much easier than Evicting them with a lease.

  • 15 day notice: This is only effective in a month to month agreement. You can send it which alerts your Tenant that their agreement is ending. It must be sent 15 days before rent is due. For example, if you want your Tenant to vacate the premises by March 1, you must send it by February 15.
  • Fixed lease agreements (6 months – 1-year lease):A Landlord may only terminate such an agreement without cause after it has come to an end. In such a case, you are not required to give notice unless the rental agreement explicitly states so.

Different Causes of Eviction in Florida

Multiple reasons can motivate a Landlord to initiate the Eviction process.

Causes of Eviction in FloridaHowever, since Tenants are protected by the law, they are not allowed to evict them without adherence to due process. Common reasons for Eviction include:

  • Non-payment of rent
  • Lease violation
  • Property damage
  • Illegal activities
  • Expiration of lease

Let’s take a look at each of these.

Non-payment of Rent

Ideally, every Landlord expects their Tenant to pay on time. Unfortunately, some don’t honor their end of the bargain.  Before you allow anyone to occupy your rental property, it is vital that they agree to the terms of the rental agreement.

Some agreements include penalties and periods a Tenant may occupy the unit/dwelling before they can be evicted, even if they have not upheld their commitments. However, once this period is over, if they still don’t comply, you will have no choice but to send a notice. If your Tenant neglects to meet the terms of the notice, you can file an Eviction.

Lease Violation

Another reason that a Landlord can evict a Tenant is if they violate non-monetary terms of the lease. In this situation, you may send a notice to remedy the issues; however, if your Tenant does not respond,you can begin the Eviction process.

Some of the common lease violations that are considered as a legal reason to evict a tenant are:

  • Unauthorized pets
  • Unapproved guests or occupants
  • Illegal subletting
  • Wrong use of property such as turning residential property to a commercial one
  • Too many disturbances.

Rental Property Damage

You can initiate the Process if the Tenant causes property damage. Extensive damage indicates extreme circumstances that go beyond regular wear and tear, such as scratches or chips in the paint.

For example, a large hole in the wall or floor are beyond regular wear and tear. To remedy this situation,you can ask your Tenant to fix the problem at their own cost, or if the parties cannot come to an agreement to fix the damage, you can evict the tenant. You must send a Florida Eviction notice, even under these circumstances.

Involvement in Illegal Activities

A Landlord can evict a renter if they are involved in criminal activities such as drug-related crimes. In these instances, you should also alert law enforcement and local councils to the illegal activities.

Crime is a serious offense that warrants invoking Florida Eviction laws. However,it is worth noting that the Florida Eviction process timelines do change if there is a crime involved.

Expiration of Lease Agreement

When lease agreement terms expire,you have the right to evict a renter without any cause. If they refuse to move out after the lease has expired, you can file a lawsuit against them with the help of an Eviction lawyer.

Different Ways to Prevent an Eviction

The best-case scenario in a dispute is to agree before filing any lawsuits. So far, we’ve shown you what rights a landlord has according to the law. Now, let’s take a look at some of the ways Tenants can prevent or delay an Eviction.

  1. Negotiate with the Landlord
  2. Comply with the Notice
  3. Attend the court proceedings

Additionally, some situations fall under Constructive Eviction laws.

Negotiate with the Landlord

As a Tenant, negotiating is the best way to settle a dispute and avoid going to court. When you receive a notice, you should talk with them to see if you can come to an agreement.

A lawsuit costs money, both for you and the Landlord. The best-case scenario is that they agree to stop the Eviction if you agree to certain terms. For example, they may decide to halt the eviction if you agree to pay the rent or remedy your violation of the lease agreement.

Additionally, if the dispute is over non-payment of rent, you may be able to renegotiate your terms to be allowed to pay on a later date. If you come to an agreement with your landlord, you should document the terms of your agreement, and both parties should sign the document for protection.

Comply with the Eviction Notice

In some instances, there is no reason to engage your Landlord.

Not all types of eviction in Legal Florida need defense. At times, the best way out for a tenant is to comply with the eviction notice

For example, if the reason is for non-payment and you can pay the past amount, you should do so. Another example is if you receive a remediable notice. In this case, simply follow the instructions, if possible.

According to the Eviction statutes, a Landlord of a rental property is not allowed to proceed with an eviction if you satisfy their demands. However, if you are unable to comply on time, you can request an extension to the timeline. For example: if the notice states that you must pay in 3 days, you can talk to the Landlord to extend to a period you are comfortable with.

Again, when you agree to any new terms, you should document everything in writing.

Attend Court Proceedings

When a Landlord and Tenant cannot agree upon a solution, or when the Tenant does not or cannot comply with the notice, the last resort of a landlord is filing a lawsuit. Upon the filing of a lawsuit, you will receive the necessary paperwork and be required to respond to the Landlord’s complaint against you.

Constructive Eviction in Florida

This refers to unlawful actions by the Landlord.   This includes terminating utility services that are provided to the Tenant during the lease.  Florida Statute lists these services as water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration.  In addition, they are not allowed to prevent them from entering the property by changing the locks.

How to Fight an Eviction in Florida

As a Tenant, the Law does provide you protection. When you feel that you are being wrongfully evicted, you can file defenses  for one or more of the following:

  • Improper notice: They must contain specific elements. For starters, it must be in writing. Secondly, it must meet all the requirements following State Law. For example, a grace period of 3 days, not including legal holidays or weekends. Furthermore, the following can void a notice:
    1. It displays the wrong amount due
    2. The late fee amount indicated is different from the actual figure
  • When a Landlord does not keep up the rental property: The Laws provide rules and regulations that must be followed regarding the upkeep of the property. Therefore, if they do not comply, you can cite this defense as a reason for your refusal to pay rent. However,  you must give them notice 7 days before noncompliance. If the Judge rules in your favor, you may receive a reduced rent amount. Moreover, you must also comply with the Laws that require a deposit of the rent due to the court registry.
  • Prohibited and unlawful practices: These defenses come with the caveat that you must act in good faith before raising such a defense.

FAQs Regarding the Eviction Process in Florida

How Long is the Eviction Process in Florida?

An Eviction can take between 3 to 4 weeks, depending on different factors. These factors include:
1.    If it’s for Non-Payment or Non-Monetary Violations of the Lease

  1.   Tenant deposits rent into the Court Registry

  2.   Mediation is Ordered

4.  If a Rent is deposited into the Court Registry

5.  Notices contained the correct information

How Late Can Rent be Before Eviction is Feasible?

If a Tenant does not pay their rent on time, they are given a three-day notice. If they do not pay, the Landlord can file an Eviction. The Tenant will be compelled to clear the rent due unless their defense can justify non-payment.

Is Eviction a Public Record in Florida?

As stated above, Evictions are categorized as civil matters guided by the rules and regulations prescribed by the legislature. Therefore, just like other civil matters, Eviction proceedings are public record.

Can You Evict Under New Ownership?

Yes.  However, the new Owner must honor the existing lease.  Therefore, when purchasing a property, it is important that they are aware that a Tenant already resides in the property.

What Do You Do if You are Served a 3-day Notice and Can’t Pay?

In this instance, you can ask for an extension from the Landlord, move out, or risk a lawsuit.

Will Filing Bankruptcy Stop an Eviction?

The Filing of Bankruptcy will only stop an Eviction if a Final Judgment of Eviction has not been entered.

WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME What happens?

WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME What happens?

  • Posted: Jan 24, 2022
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WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME

I just found out my landlord is selling my rental house – what does this mean for my housing situation?

 

TERM LEASE AGREEMENT

A term lease agreement is a housing agreement between landlord and tenant for a designated amount of time, typically 6-months to one year. If you learn about the sale of your rental property, and you still have a few months left on your lease agreement, your new landlord will not be able to kick you out.

When a buyer purchases a renter-occupied home, he must agree to take over the lease and honor the terms the tenant signed. A buyer can ask the renter to sign a new lease with him, but technically the tenant does not have to.

EXCEPTIONS TO HONORING A TERM LEASE

The only exception would be if your lease agreement has special conditions regarding a property sale. If your state allows it, your lease could contain language that says something along the lines of, “in the event of the sale, the current lease agreement will be void once a new owner takes over the property”. While it is possible that your lease could have this type of property sale clause, they are not very common.

Another exception would be if you and your landlord mutually agree to end the lease agreement, and you agree to move out on a designated date. In these cases, the tenant can have some leverage to ask for relocation fees from the landlord, since you are doing them a favor by moving out.

MONTH-TO-MONTH LEASE AGREEMENTS

If your current lease agreement is a month-to-month tenancy, you have less security when it comes to staying at the property during a sale.

If your landlord wants you to move out prior to an official sale, he merely has to provide you with proper notice to end tenancy and move out on a specified date. Most states require a landlord to give a tenant anywhere from 30-60 notice informing a tenant that tenancy will end and they need to move out. Some cities have even more lenient timelines, for example, landlords in Portland, OR, must give their tenants 90-days notice to vacate.

Remember, these notices to vacate are not evictions. They are friendly terms of ending a rental tenancy with your current landlord. While it can be shocking to learn you have to move, that is one of the realities of being a renter, your landlord can choose to sell his rental property at any time.

HOW TO HANDLE THE SALE PROCESS

Talk to your landlord. Hopefully, your landlord will be upfront about his intentions to sell the property and keep you informed as to whether he hopes to sell to another investor who will keep the property as a rental. He could be selling the property for any number of reasons, and the more friendly you are during the process, the more likely he will be to encourage the new buyer to keep you as a long-term tenant.

WORKING WITH A REAL ESTATE AGENT

A potentially frustrating part of living in a rental that is in the process of being sold is dealing with showings, inspections, and any property upgrades seller decides to complete the sale. These types of typical selling activities can be a huge disruption to a renter who wants to live in peace.

A lot of tenants feel uncomfortable with the idea of strangers constantly coming through their homes during open houses and showings. Unfortunately, there is little a tenant can do to complain about this part of the process. Your landlord must give you 24 hours notice (or whatever the notice requirement for your state is) before a real estate agent, inspector, or anyone shows up and enters your property – but he does not have to accommodate your request to always be present during these events. Try to work with your landlord to come up with a solution where you feel comfortable and your landlord is still able to sell his home. Remember the more accommodating you are during the sale process, the faster it could be sold and this whole ordeal will be over.

It is not acceptable for a real estate agent to just show up and enter the property unannounced. They must provide advanced noticed according to your state laws for entering the property. If this keeps happening, you need to speak with your landlord so he can relay the laws to the agent who may be unaware

 

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“South Florida could become the worst place in the country for renters by the end of the year…”

“South Florida could become the worst place in the country for renters by the end of the year…”

  • Posted: Sep 17, 2021
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South Florida could become the worst place in the country for renters by the end of the year, partly because wages don’t keep up with exorbitant rent increases. a new forecast shows.

Renters here are likely to devote 40% of their income to rent by the end of the year, according to a forecast by Zillow, an online real estate marketplace that studies real estate trends.

That would be a full percentage point above June and well over the 30% that financial advisers prescribe.

 

“It’s going to become the most unaffordable rental market in the country as the end of the year comes as rent prices and renters’ incomes are unable to keep up,” said Zillow economic data analyst Nicole Bachaud.

Wages in South Florida have increased a little, but not as much as the national average and not as quickly as rent increases, said Ken H. Johnson, real estate economist with Florida Atlantic University.

Wages and salaries grew by 2.9% in South Florida between June 2020 and June 2021, compared with 3.5% nationally, according to the U.S. Bureau of Labor Statistics. Meanwhile, the consumer price index for housing in the area rose by 3.5%.

“The wages that are being paid have little bearing on a worker’s ability to pay that monthly rent, “said Dr. Edward Murray, associate director with the Jorge M. Perez Metropolitan Center at Florida International University.

Service workers, the bulk of South Florida’s workforce, have received only a few dollars in wage increases per hour, while rents have risen steadily, Murray said.

For example, rents for apartments in Fort Lauderdale increased 17% over the past year, while West Palm Beach rents increased by a little over 18%, according to data from Apartment List, an online marketplace for apartment listings. Miami saw a 19% increase in rents over the past year.

To afford a place to rent, some people are turning to cosigners for a lease or adding a roommate to the mix, said Carolina Gerdts, executive vice presidnet for RelatedISG Realty.

The discrepancy between wage growth and rents has forced many renters to be “silently evicted,” Murray said — meaning they were forced to leave because they couldn’t afford a lease as the price increased, Murray said.

 

 

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Learn how long you must keep a tenant’s abandoned property in your state.

Learn how long you must keep a tenant’s abandoned property in your state.

  • Posted: Jul 09, 2021
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Your tenant moved out, but left their possessions behind. How long do you, the landlord, have to keep the possessions before you are legally allowed to get rid of them.

 

What Is Abandoned Property?

When a tenant leaves the rental unit without notice, and the landlord believes they will not return, the tenant has abandoned the rental. Any possessions left behind are considered abandoned property.

What Happens to the Abandoned Property?

The landlord must first give the tenant notice of the abandoned property. After storing the property for a period of time, based on state law, a landlord typically has the right to sell, donate or discard the abandoned property.

State Laws for Abandoned Property

Below is a state by state breakdown of the different policies for abandoned property collection for landlord and tenants. The data has been sourced from the official government website of each state (linked below). Note that D.C. is not visible on the map below but is listed in the text breakdown of the state-by-state policy. While some states have no statute around the timeframe to collect abandoned property, Vermont and Texas have the most liberal laws, allowing tenants 60 days after receiving a notice to collect their property. Meanwhile, states like Delaware, Maine, Wyoming and New Hampshire are on the stricter end of the spectrum, only allowing tenants up to 7 days to recover possessions.

 

Alabama– Alabama tenants must collect abandoned property within 14 days of receiving notice.


Alaska- Alaska landlords have to keep a tenant’s abandoned property for a period of 15 days after sending a tenant notice of their abandoned possessions.


Arizona- Landlords in Arizona are required to store a tenant’s abandoned possessions for a period of 14 days after sending notice of the abandoned possessions to the tenant’s last known address via certified mail, with return receipt requested. A landlord is not required to keep perishables, abandoned animals or plants for this time. After 14 days, the landlord can discard or sell the property.


Arkansas- In Arkansas, any property left behind by the tenant can be disposed of by the landlord.


California- California tenants have 18 days to recover abandoned property. Tenant must pay storage costs.


Colorado- Colorado does not have a statute about abandoned property.


Connecticut- In Connecticut landlords must keep a tenant’s abandoned possessions for 30 days after giving the tenant notice before disposing of them.


Delaware- In Delaware, tenants have 7 days after receiving a notice to recover abandoned property. The landlord can dispose of this property after this period.


Florida- In Florida tenants have 10 days to collect abandoned property after notice if the notice is hand delivered and 15 days to collect abandoned property if the notice is mailed.


Georgia- If a Georgia landlord is granted a writ of possession against a tenant, he or she does not have to store any of the tenant’s abandoned property.


Hawaii- In Hawaii, a landlord has to send notice to a tenant’s last known address that they have 15 days after receiving this notice to collect any abandoned possessions. After this 15 day period, the landlord has the right to sell, donate or otherwise dispose of the property.


Idaho- In Idaho, a landlord must file an eviction complaint with the court in order to remove abandoned property left behind by the tenant.


Illinois- Illinois does not have a specific law about abandoned property.


Indiana- An Indiana landlord must store a tenant’s abandoned property for 90 days after giving notice.


Iowa- Iowa does not have a specific law for abandoned property.


Kansas- Kansas tenants have 30 days after a landlord takes possession of the property to collect their possessions. The tenant must pay reasonable storage fees.


Kentucky- There is no state law about storing a tenant’s abandoned property in Kentucky.


Louisiana- Louisiana does not have a specific law about abandoned property.


Maine- Tenants in Maine have 7 days after receiving a notice to recover abandoned property. The landlord must include a list of all abandoned items in the notice.


Maryland- Maryland does not have a specific statute about abandoned property.


Massachusetts- Massachusetts landlord-tenant law does not have a statute on abandoned property. The landlord should include a lease clause that describes what will happen to the abandoned property.


Michigan- There is no statute for abandoned property in Michigan.


Minnesota- A landlord must keep a tenant’s abandoned possessions for 28 days in Minnesota.


Mississippi- Mississippi does not have a law about abandoned property.


Missouri- Missouri tenants have 10 days after receiving a notice to claim abandoned property before a landlord can dispose of or sell it.


Montana- Montana tenants have 10 days after receiving a notice to collect abandoned property. Tenant must pay storage costs.


Nebraska- If a landlord hand delivers notice of abandoned property to the tenant, the tenant has 7 days to claim it. If the landlord sends notice of abandoned property by mail, the tenant has 14 days to claim it. In either case, the tenant must pay any fee to store the property.


New Hampshire- A tenant in New Hampshire only has 7 days after receiving a notice to collect abandoned property.


New Jersey- New Jersey landlords must keep a tenant’s abandoned property for 30 days after the tenant has received notice or 33 days after the date the landlord mailed the notice before they can dispose of or sell the property. Tenant must pay storage costs.


New Mexico- New Mexico landlords have 30 days after giving notice before they can discard or sell a tenant’s abandoned property. Tenant must pay reasonable storage fees.


New York- New York does not have a specific law about abandoned property.


Nevada- Nevada landlords must store a tenant’s possessions for a period of 30 days after providing a tenant with notice of the possessions. The tenant must pay any reasonable storage fees to recover the possessions.


North Carolina- If the property is worth less than $750 dollars, a North Carolina landlord can store the property at a nonprofit organization, notify the tenant and give the tenant 30 days to claim it. If the property is worth more than $750, the landlord should file an eviction claim with the court in order to dispose of it.


North Dakota- North Dakota landlords must keep a tenant’s possessions for 28 days after abandonment.


Ohio- Ohio does not have a statute about abandoned property.

Oklahoma- Oklahoma tenants have 15 days to collect abandoned property before a landlord can dispose of or sell it. Tenant must pay storage fees and any additional money owed to the landlord.


Oregon- Oregon tenants must contact the landlord within 5 days of receiving notice if the notice was hand delivered or within 8 days if the notice was mailed to arrange to pick up the abandoned items. The tenant has 15 days after initially contacting the landlord to actually pick up the items or the landlord can dispose of them.


Pennsylvania- Pennsylvania tenants must contact the landlord within 10 days of receiving notice of their intention to collect abandoned property. The landlord must store this property for 30 days. If the tenant has not contacted the landlord within 10 days of receiving notice, the landlord may dispose of the property.


Rhode Island- Rhode Island landlords must store any possessions that are considered abandoned for a “reasonable” amount of time. The landlord must make a good faith effort to notify the tenant of the possessions left behind and should keep copies of any efforts made to contact the tenant.


South Carolina- South Carolina landlords must only keep a tenant’s abandoned property if it is worth more than $500 dollars. The landlord must file a formal order with the court to dispose of it. Abandoned property under $500 dollars may be disposed of.


South Dakota- South Dakota tenants have 30 days to recover abandoned possessions.


Tennessee- Tennessee landlords have to keep a tenant’s abandoned possessions for 30 days.


Texas- Texas tenants have 60 days after receiving a notice to collect abandoned property. After that time, a landlord may dispose of it.


Utah- Utah tenants must claim the abandoned property within 15 days of receiving notice. The tenant must pay storage costs.

 

Vermont- Vermont landlords must hold onto a tenant’s property for 60 days after giving the tenant notice of the abandoned property. To claim the property within this period, the tenant must give a written description of the abandoned property and must pay any storage fees.


Virginia- In Virginia, if the landlord has given the tenant prior notice regarding lease termination and abandonment, after a tenant’s lease is considered terminated, the tenant only has 24 hours to collect any possessions left behind. If the landlord has not given prior notice, the tenant has 10 days to respond to a notice about collecting abandoned possessions. The tenant has 24 hours after this period to collect possessions.


Washington- Tenants in Washington state have 45 days to recover abandoned property. The tenant must pay reasonable storage fees.


Washington D.C.- The District of Columbia does not have any specific law regarding a tenant’s abandoned property. It is therefore up to the landlord to include a lease clause that states what will happen if a tenant leaves the property at the rental after move out.


West Virginia- West Virginia tenants have 30 days to claim abandoned property.


Wisconsin- Wisconsin tenants must claim the abandoned property within 30 days of notice or the landlord has the right to dispose of it.


Wyoming- In Wyoming, tenants have 7 days after receiving a notice to notify the landlord of their intent to collect the property. The tenant then has 15 additional days to actually collect the property.

 

 

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