As a landlord, enforcing tenant violations effectively and legally is crucial for maintaining a well-managed property. Whether the issue is related to rent non-payment or other lease violations, landlords must follow proper procedures to ensure compliance with both the lease agreement and local laws. Here is a structured approach to handle tenant violations, based on key legal and procedural steps.
1. Identify the Tenant Obligation
The first step is to determine whether the tenant’s action or inaction constitutes a violation of an obligation. Tenant obligations typically stem from the lease agreement or relevant statutes. It is important for landlords to clearly understand the source of the obligation to ensure enforcement.
- Lease or Statute? Determine whether the tenant’s obligation comes from a specific clause in the lease or is required by state or local laws. This distinction will guide how you approach the violation. Be cautious about enforcing landlord “rules” that are not in the lease agreement and that are simply published by the landlord without tenant acknowledgement and agreement. It may be more difficult to enforce those rules without an agreement obligating the tenant to do so.
- Clarity of Obligation: Ensure the obligation in question is conscionable, clear and unambiguous. An unconscionable or vague or poorly worded lease clause may make it difficult to enforce and win in court. Ensure the lease has clear terms regarding payment, property use, and tenant behavior.
2. Gather Facts to Establish the Violation
Once an obligation has been identified, the next step is to gather all relevant facts about the tenant’s violation.
- Non-Payment of Rent: In cases of non-payment, landlords must have a clear and discernible payment history to prove the amount owed. Keep accurate records of payment due dates and amounts to establish a solid case. Note that the court relies on the landlord’s rent payment ledger, so ensure that it is accurate and detailed. See our article on preparing a proper rent ledger.
- Other Violations: For non-rent-related issues (e.g., noise disturbances or unauthorized pets or occupants), gather evidence that supports the claim. Identify any witnesses and ensure they are credible and available to testify if needed. Always attempt to verify the veracity of the witness’ statement about the violation, including obtaining video footage or inspecting the alleged violation yourself. Solid evidence is key in proving the violation occurred. The credibility of the witness is also an important factor to consider, as well as the witness’ availability to testify in court if an eviction action is filed and goes to an evidentiary hearing.
3. Determine If the Violation Is Curable or Non-Curable
Most lease violations are curable, meaning the tenant has the opportunity to correct the issue within a specified time. Unless the violation is particularly egregious, landlords should err on the side of allowing the tenant to remedy the situation. See our article on preparing a 7 Day Notice to Cure.
- Curable vs. Non-Curable Violations: Decide if the violation is something the tenant can correct. Examples of curable violations include late rent payments or unauthorized guests. Non-curable violations, like significant or intentional property damage or illegal activities, may justify immediate eviction.
4. Deliver Proper Notice
Before any remedy actions can be taken, landlords must provide tenants with proper notice, as required by law. Legal notices must meet specific requirements regarding content and delivery to ensure they are enforceable. See our article on the importance of legal notices.
- Content and Delivery: Notice must include the violation details, required cure actions (if applicable), and a deadline. It should be delivered in accordance with local laws, ensuring the tenant receives it in a timely manner.
- Sufficient Notice Period: Make sure the notice period is properly calculated according to local law. In Florida, eviction for non-payment of rent requires at least a three day notice to pay or vacate, but other violations may have longer or shorter periods. See our article on preparing a 3 Day Notice.
5. Check for Waiver of Enforcement
Landlords must be cautious about unintentionally waiving their right to enforce a violation. See F.S. 83.56(5)(a). For example, accepting full rent after knowing of a lease violation may signal that the landlord waived their right to act on that violation. However, if the landlord accepts only partial rent or the violation is continuing in nature, the landlord does not waive his right to evict for that violation.
Likewise, the landlord does not waive the right to enforce future violations of the same or similar nature. Landlords should also be sure not to “sit on their rights” to avoid waiving the enforcement right. See our article on “not sitting on your rights.”
If a violation is not continuing in nature (e.g. parking in the incorrect parking space; leaving trash can on the street too long), the landlord should avoid accepting rent and should proceed immediately to enforcing the violation.
6. Prepare for Eviction if Necessary
If the violation is not cured within the notice period or if it is a non-curable violation, the landlord may proceed with eviction.
- Legal Notice to Terminate: Ensure that all legal requirements are met before filing for eviction. For subsidized tenants, this may include filing within 45 days of knowledge of the violation. See F.S. 83.56(5)(c). Be cautious if the tenant has cured the first violation, as a second violation may be treated more severely.
Conclusion
By following this structured approach, landlords can address tenant violations effectively while minimizing legal risks and ensuring compliance with the law. Clear documentation, proper notice, and a fair opportunity to cure will go a long way in maintaining a positive and legally sound landlord-tenant relationship. Seek legal advice before terminating a tenant’s lease to further provide legal confidence in your decisions and to avoid and mitigate risks of liability and loss.
Property Management Law Solutions, LLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.