Grounds on Which Florida Eviction Laws Apply For Tenancy/Lease Contracts
Florida eviction laws favor the landlord, when the tenant defaults on payments, and the landlord can proceed with the eviction. The landlord could initiate this process on grounds of contract violation by the tenant.
The following are some instances of contract violation.
- Causing wanton damage to the property and not willing to repay for the losses.
- Failing to buy renter’s insurance.
- Using the premises for commercial activities or activities deemed contradictory to the purpose of tenancy.
- Overstaying without regarding any ad-hoc or willful rules of the landlord for this purpose.
How is Florida Eviction Law Administered?
Eviction laws are initiated by the Sheriff. There are various rules undertaken by the Sheriff’s office to manage eviction. A common instance is managing eviction of defaulting tenants. After the landlord serves 3 day notice to the tenant to repay dues, the Sheriff’s office engages into action if there is no initiative from the tenant.
For cases that pertain to non-tenancy repayment, the time-frames vary. The Sheriff’s office may need adequate time to investigate the case and issue a directive. But the general nature of contract violation is enough for landlords to seek effective evictions.
- Eviction laws apply on tenancy when the lease period expires. In the case of a year to year agreement, the landlord should give a 3 month notice to the tenant. If the tenancy agreement is quarter to quarter, 45 days of notice has to be given.
- If the period of tenancy is week to week or month to month, the notice period is 7 to 45 days.
- The notice is delivered to the tenant with a copy of the lease or tenancy agreement. A copy of this is sent to the clerk at the Sheriff’s office.
- The Sheriff’s office studies the notice and responds appropriately. Depending on the notice, the Sheriff’s office decides to initiate a summons.
- Tenants may respond to the summons issued by the Sheriff’s office. They may choose not to do so, but it is recommended that tenants reply to the summons. They can brief the Sheriff’s office on the problems they are facing and the time-frame they require to get stabilized.
- If with repeated summons, the tenant does not show up or respond, the Sheriff’s office proceeds for the final judgment. Landlords may also contact legal agencies or personal eviction lawyers to obtain more advice on Florida eviction laws.