I own a rental home in Florida, though I live on the West coast. Based on noise complaints I’ve received from neighbors living near the rental house and rent payments that are usually one week late, I want to evict the current tenants. What is the tenant eviction law in Florida and how should I proceed?





Answer: (1)
Florida, like all states, allows landlords to terminate for nonpayment of rent. Landlords must give a three-day notice to pay or move out; if the tenant does neither, the landlord can proceed to file an eviction lawsuit. If the tenant has been repeatedly late within the prior twelve months, the landlord can deliver an “unconditional quit” notice, giving the tenant seven days to move, without a chance to pay and save the tenancy. (Fl. Stat. Ann. § 83.56(3), 83.56(2)(a))
Florida also allows landlords to terminate when tenants have caused unreasonable disturbances. (Fl. Stat. Ann. § 83.56(2)(a))
The behavior you describe—both the tardy rent payments and the noise—would probably entitle you to deliver the seven-day unconditional quit notice, but you may have a problem proving your case if the tenant doesn’t move and mounts a defense in your eviction lawsuit. You’ll need to prove that the rent was repeatedly late; the best way to do this is to have copies of your past pay or quit notices.
You’ll also need proof of the noise problems, preferably copies of police reports (if the neighbors called them), written complaints to you from the neighbors, or sound recordings.
In the future, consider having someone local manage your property or at least keep an eye on it. Gathering information about the rental and documenting tenant misbehavior is hard to do from 3,000 miles away.
Posted by Elizabeth Smith on 22 Jan 2010