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Habitation and eviction rights – part 1

At Cuevas, Garcia & Torres, P.A., we know that it is not unusual to have disputes between landlords and tenants in Miami. Often these arguments can be resolved to everyone’s satisfaction; however, there are some cases in which a landlord has no choice but to remove a resident from the premises. In this post, we’ll discuss common eviction reasons, as well as the rights Florida residential property owners have in this regard.

If you are an apartment or condo owner, you may have already run across at least one difficult tenant. Perhaps he or she is habitually late on rent or throws loud, late-night parties that disturb the neighbors. You might have found out your tenant has a pet in the unit when no pets are allowed. Maybe your property sustained damage from the tenant that is not part of the usual wear and tear of a home – for example, the resident might have put holes in the walls, broken kitchen appliances or burned the carpet. Unlawful drug activity is another reason you would want these tenants off your property.

Is there anything you can do in these situations? Fortunately, yes. According to The Florida Bar, you must first let your tenant know in writing that you either plan to evict him or her, or otherwise take action to recover damages. In some cases, the tenant may be given time to fix the problem, such as a grace period to catch up on late rent. If the problem is not resolved, you will need to file your grievance with the eviction court. Once your request is approved during a hearing, law enforcement will serve your tenant an eviction notice.

Landlords’ rights exist in Florida so you do not have to put up with tenants who fail to uphold their end of the rental agreement. Next week, we will talk about tenants’ rights. Learn more about property owner legal issues by visiting our page.

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