A common issue in property rental is recovering possession of the dwelling when a tenant refuses to vacate after their lease ends. Residential leases may terminate due to a material breach, failure to pay rent, or the expiration of the leasing term. Even when the lease is terminated, landlords often encounter situations where tenants remain on the property. In such cases, Florida law prohibits landlords from using “self-help” methods to evict the tenant. Instead, Florida Statutes outlines the procedures landlords must follow in order to properly evict tenants and recover possession of the rental property.
In Florida, landlords often attempt to improperly evict tenants using “self-help” means. For example, if a tenant refuses to vacate the property, it is prohibited to change the locks, turn off the power or other utilities, enter the premises and dispose of the tenants’ property, to force the tenant out. Instead, Section 83.59, Florida Statutes, provides the proper avenues in which a landlord may recover possession.
The most common way to evict a tenant is to file for eviction in the county court. After the action to recover possession is filed, the tenant will be served with a summons. The tenant will have five days after service of process, excluding weekends and legal holidays, to file an answer or responsive pleading. Landlords are not entitled to recover possession until a court order is entered granting possession.
Landlords may also recover possession of the property without a court order if the tenant has surrendered possession to the landlord or has abandoned the dwelling unit. Without actual knowledge that the tenant has abandoned the property, there is a presumption of abandonment if he or she has been absent from the property for one-half of each rental period. Thus, if rental payment is due on the first of each month, the
presumption that the tenant has abandoned the property will arise if the tenant has been absent for half of the month. However, this presumption does not apply if rent is current or if the landlord has been notified in writing of their intended absence.
Finally, if the tenant has passed away, the landlord may recover possession of the property if: (1) personal property remains on the premises; (2) rent is unpaid; (3) at least sixty days have passed since the date of death; and (4) the landlord has not been notified in writing of the existence of a probate estate or the name and address of a personal representative. This does not apply, however, for federally administered or regulated housing programs.
Understanding the rights and duties of both landlords and tenants is essential to ensure compliance with Florida’s laws. If a landlord conducts an unlawful eviction, they may be liable for either the greater amount between actual and consequential damages or three months’ rent. It is important to contact an attorney to assist in understanding the legal proceedings, safeguarding your rights, and avoiding liability throughout the renting or eviction process. With years of experience in handling landlord/tenant cases, the Rice Law Firm is well-equipped to provide expert counsel in these matters and other legal concerns you may have. If you would like to consult with an experienced attorney on these issues and other legal matters, please give us a call at 386-257-1222.
