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Residential Evictions
If you are a landlord looking to evict a tenant, or a tenant who is being wrongfully evicted, the protection of your rights is our number one goal.
The litigation of an eviction matter tends to follow the same basic path through the court system, however the basis for initiating Residential Evictions in Florida differs greatly and generally fall into 5 broad categories.
The failure of a tenant to pay rent,
the termination of a lease agreement,
expiration of a lease agreement,
tenant misconduct, or
misconduct by a landlord that violates terms of the lease agreement or violates Florida statutes.
Non-Payment of Rent
Florida requires that prior to initiating an eviction lawsuit based on the non-payment of rent that the tenant be provided with a Three-Day Notice. This Notice, among other allegations, must advise the tenant or tenants of the amount of rent that is owed for the claimed time period, the address and contact information of the landlord to make payment, and the date that payment must be made, or the property must be vacated.
Three-Day Notices in Florida are governed by Florida Statue, Chapter 83. However, the specific requirements and prohibitions of the notice have been heavily modified and altered by the through numerous court decisions. Additionally, the method of delivery of a Three-Day Notice is defined in Chapter 83, of the Florida Statutes, but has also been modified and altered by relevant case law.
As such, the process of drafting and providing a Three-Day Notice to tenant or tenants can be far more complicated that it seems, and the failure to correctly follow the proper rules and laws can result in your eviction matter being dismissed by a Judge.
At the Law Office of John A. Wagner, PLLC, we draft and deliver Three-Day Notices on behalf of our clients and potential clients
free of charge. Additionally, if you are a tenant who has been served with a Three-Day Notice, we will review the notice and delivery method and evaluate its legality.
Speak to an Eviction Attorney Today! Call (561) 202-8971
Terminating a Verbal Lease Agreement
In Florida, with a few exceptions, a lease agreement is not required to be written and can be verbal in nature.
The type of agreement that is created when a landlord and tenant enter into a verbal agreement depends of the frequency of the rental payments.
For example, if your tenant pays rent on a monthly basis this is deemed to be a month-to-month agreement, if the tenant pays weekly, this is a week-to-week agreement, and a tenant that pays yearly has a year-to-year agreement.
The process for retaking possession of a property leased pursuant to a verbal agreement begins with giving proper notice to the tenant.
A month-to-month agreement requires a 15-Day notice, and week-to-week agreement requires a 7-Day Notice, and a year-to-year agreement requires a 60-Day Notice to the tenant that the landlord is terminating the verbal lease agreement and intends to retake possession of the property at the end of the notice period.
Despite seeming like a relatively simply process, this process is deceptive because title of the Notice (15-Day, 7-Day, 60-Day Notice) often differs from the actual number of days given to the tenant to vacate.
At the Law Office of John A. Wagner, PLLC, we draft and deliver 15-Day Notices on behalf of our clients and potential clients free of charge. Additionally, if you are a tenant who has been served with a 15-Day Notice, we will review the notice and delivery method and evaluate its legality.
Expiration of a Lease Agreement
Sometimes for various reasons a written lease agreement expires but the tenant has not vacated the property and no lease renewal has been offered. In this scenario, the terms of the lease agreement as well as other facts will govern whether or not the eviction process can be started without notice, or whether a notice of termination (as described above) or other notice such as a notice of non-renewal is required.
At the Law Office of John A. Wagner, PLLC, we will review your lease agreement free of charge to determine what type of notice, if any, is required to be given by the landlord to the tenant prior to initiating a lawsuit for eviction upon the expiration of a lease agreement.
Misconduct by a Tenant
If a landlord believes that a tenant is not conducting themselves in a manner consistent with the terms of the lease agreement (except for non-payment of rent) or in compliance with Florida Statutes, the landlord may initiate an eviction lawsuit.
This type of lawsuit is the most complicated because it calls for some subjective interpretation of how serious the violation or non-compliance is. Generally speaking, if the violation is minor (such as having an unauthorized/non-destructive pet), landlord must advise the tenant of the alleged violation and allow the tenant 7 Days to fix/cure the violation. This notice is called a 7-Day Notice to Cure.
In other scenarios, a violation can be of such a nature (using the property to commit a felony) that the lease agreement can be terminated immediately without notice.
At the Law Office of John A. Wagner, PLLC, we will evaluate the particular scenario
free of charge to help determine what type of notice, if any, is required. Additionally, if you are a tenant who has been served with a 7-Day Notice to Cure, we will review the notice and delivery method and evaluate its legality.
Speak to an Eviction Attorney Today! Call (561) 202-8971
Misconduct by a Landlord
While the lease agreement and Florida Statutes contain obligations for the Tenant, it is often overlooked that the same agreement and statutes have obligations for the Landlord.
If a tenant feels that the landlord is in violation of their duties and obligations, the tenant has options.
These options vary. In certain circumstances, the tenant may provide the landlord notice of the perceived breach of the landlords duties/obligations and that the tenant intends to withhold rent until the issues are remedied.
The amount that may be withheld varies and is very dependent on the circumstances. Other times, a violation by the landlord may be of such a serious nature that the tenant can vacate the property prior to the expiration of the lease, without penalty.
At the Law Office of John A. Wagner, PLLC, we will evaluate the particular scenario free of charge to help determine what type of notice to the landlord is required and if vacating or withholding rent is a viable option.
Speak to an Eviction Attorney Today! Call (561) 202-8971
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1500 Gateway Blvd., Suite 220, Boynton Beach, FL 33426
Phone: (561) 202-8971
Fax: (561) 202-8972