Category Archives: Eviction

Can a Tenant Demand a Jury Trial?

Can a tenant request a jury trial in an eviction action? In short, yes, but there are limitations, three of which are discussed below. Generally In general, Florida courts recognize that a party has a right to a jury trial on triable issues of fact. An eviction trial is subject to the rules of evidence and either […]

When Rental Occupants Commit a Crime

A fairly common situation occurs in the world of landlord-tenant law. That is, when an occupant, guest or invitee–not the tenant–commits a crime or dangerous activity in or near the rental property. Inevitably, the landlord questions whether he has a remedy or grounds to terminate the lease and evict if necessary. The answer to the question […]

2018 Florida Legislation That Affect Property Management

The current Florida legislative session is considering the following bills that affect the landlord-tenant and property management business. Below are some highlights of which you should be aware. SB 850 seeks to completely overhaul FS 83.60, which in essence would allow a tenant the right to a trial even if he does not post rent […]

Priority of Tenant Payments

Three Day Notices to Pay or Vacate are legal notices that Florida Statute (FS), section 83.56(3) requires landlords to delver to tenants who have failed to pay rent before they can file an eviction action. That statute states, If the tenant fails to pay rent when due and the default continues for 3 days, excluding […]

When Tenant Pays Partial Rent After a 3 Day Notice is Served

The Florida legislature amended Florida Statute, section 83.56 in recent years to require what Florida court decisions essentially required through a chain of cases on the question of, what can a landlord do when a tenant pays partial rent after being served a 3 day notice demanding the tenant to pay rent or vacate? FS […]

The Endless Late Fee Cycle: Enforceable or Not?

There is a common legal issue and problem that arises in the residential property management business. It involves situations when a tenant owes a late fee for a given month and pays the base rent for the following months but does not “catch up” with the late fee, which can result in a vicious cycle […]

Landlord Practice Tips on Recent Florida Appellate Decision

The Third Circuit Court of Appeals just released an opinion regarding several legal issues involving a commercial lease in Bldg. B1 v. Component Repair Servs., 2017 Fla. App. LEXIS 9956 (Third Court of Appeal of Florida, July 12, 2017). The Court’s ruling has bearing on how courts could rule on similar issues involving residential leases. Below […]

Retaking Possession of Rental Property

FS 83.59 provides that the landlord has a right of possession upon the Tenant’s (1) surrender, (2) abandonment or (3) death. Surrender Evidence must prove that the Tenant has surrendered, which means to intentionally relinquish the tenant’s rights to possession, the property to the landlord. Evidence is based on facts and circumstances. Such facts may […]

3 Day Notice to Pay Rent Instructions

Florida Statutes (FS) 83.56(3) prescribes the requirements of a 3 day notice to pay rent owed. A defective 3-day notice can cause a failed eviction action. Here are instructions for a valid 3 day notice to pay rent, and a sample 3 day notice is provided at the end of this post. Note: if the […]

Untimely Tenant Answer to Eviction Now Permissible

In 2008, the Florida Supreme Court issued a decision that affect the way eviction cases are handled in county court, which of course affects your business.  In Pro-Art Dental Lab, Inc v. V-Stategic Group, LLC, 986 So. 2d 1244, 1245, 2008 Fla. LEXIS 1236, *1, 33 Fla. L. Weekly S 503 (Fla. 2008), the Florida Supreme […]