Tag 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 […]

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 […]

When Can A Tenant Legally Withhold Rent

Property managers commonly face situations when a tenant wants to or in fact withholds rent based on an allegation that the landlord failed to comply with some legal or contractual obligation. This is a frustrating situation and can lead to bigger problems, but the property manager may not be clear about when the tenant has […]

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 […]

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 […]