Each new day, we, here at Miletti Law®, are committed to keeping our unusually motivated® readers informed and enlightened about legal issues that affect them and/or their businesses. While we are the authoritative force in Employment and Labor Law today, we also endeavor to shed light on issues that affect residents in other states and that have potential implications for the larger population. For this reason, we have prepared for you a video titled “The Miletti Law Quick Guide To Residential Evictions In Florida.” We invite you to review it through the link provided at the end of this blog.

By way of backdrop, we found it necessary to make the video because of a number of reasons. To begin with, the moratorium on evictions in the state of Florida has now expired. Secondly, the president seems to have just decided not to extend it. Finally, the CDC (Centers for Disease Control and Prevention) also gave their guidance on extending the moratorium on evictions although we all know that this is not one of their primary duties.

Following the residential evictions in Florida, the quagmire relationships between property owners and tenants is now clear. Here in the people’s republic of New York, a current moratorium, expected to expire soon, bars any residential evictions. Unfortunately, it’s most likely that it will be extended indefinitely because property owners in New York are powerless. Again, Ron DeSantis of Florida is more of a mutinous governor as compared to the disgraced Cuomo, who’s soon to be replaced by Kathy Hochul.

That being said, there are two questions one has to ask when looking at residential evictions in Florida. Let’s look at these questions to understand the predicament facing many tenants in Florida.

Question 1: Were people being evicted because they failed to pay rent?

If these residential evictions were based on their inability to pay rent, then the answer is either ‘yes’ or ‘no.’ If the answer is ‘yes,’ the law provides a 3-day statutory notice in which payment can be demanded. Under the law, the 3-day statutory notice can be sent via mail, served, or dropped at the residence based on a tenant’s availability during the day.

If, after being served with the 3-day statutory notice, the tenant pays their rent in full, they are issued with a receipt and the fracas is over. However, if they make a partial payment and it is accepted, then the property owner files a court notice that rent was not paid in full. Then, the tenant is served with an additional 3-day notice and the cycle continues. Lets assume that a property owner seeks $100 for the month’s rent and the tenant has been served with a 3-day notice, but they pay $50. If this is acceptable, the property owner files a court notice that $50 has been paid and serves the tenant with another 3-day notice until the full payment is made.

Question 2: What if the desire to evict the tenant is not based on their inability to pay rent?

Here, the question concerns the basis upon which a property owner seeks to evict a tenant. Probably, the latter has violated one or more of the terms of the lease. Again, this is a ‘yes or ‘no’ answer question. If the answer is yes, then another question ought to be asked – what does the lease say regarding the violated clause? Let’s assume that the violated clause revolves around the failure of the tenant to cure a defect. A good example is that the tenant and their friends were having a party and a window was accidentally broken in the process. The lease says that should that happen, the tenant is solely responsible for repairing the window. It also says that if there’s an opportunity to cure, then it should be done in a given number of days and such.

At the end of the day, the question concerns what the lease says. Does it have any notice provisions? If it does, then they ought to be followed as spelled out therein. However, if the lease doesn’t have a notice provision or “is silent,” then the general rule for the entirety of contract law says that if the lease is silent, the law will use gap fillers. If the lease is silent, as to the notice provision required for some kind of default or violation in the lease, then Florida has a general 7-day statutory notice period.

This matter prompts the next question – was the defect cured within the 7-day statutory notice period? If the tenant cured it within this period, then all is good. Otherwise, trouble might start brewing for them because the owner can take two actions. (1) They can either seek the possession of their property or (2) seek the possession of the property and payment for damages.

Generally, this process is very elaborate and quick in Florida as compared to other states. When you file a complaint, you send it to the residence and show the tenant the lease terms. Then, you explain these terms to the court and why it’s a violation on the lease. After that, you make sure that you adhere to the 7-day notice period directive and then serve the notice. However, five things must be referenced when you are serving them the notice. These include:

  • The residence and tenant;
  • The lease terms;
  • The portions of the lease to the court;
  • The default or violation under the lease;
  • The notice period according to the lease or the 7-day statutory period.

After being served, tenants have five days to respond. If they don’t, then it’s considered a default against the notice and they have to be evicted. As simple as that!!

https://www.youtube.com/watch?v=WZvqQMsriYc

Stay tuned for more training, guidance, and enlightenment!! In the interim, if there are any questions or comments, please let us know at the Contact Us page!