If you rent a house, apartment, condo or mobile home to another person, you entered into a legal contract. This rental agreement may be in writing (i.e., a lease) or oral and has certain basic conditions specified by law. As a landlord, it is important to understand that you have certain rights and on the flip side, you also have specific duties (even in the absence of a written lease). If you are thinking about evicting a tenant, here are a few things to keep in mind:
1) Know Your Reasons Before Taking Action: Make sure you have a valid basis to evict before moving forward. If you have a written lease, it should state what is expected of you and the tenant. If your agreement is oral, review Chapter 83 of the Florida Statutes as it controls in the absence of a written lease. Both serve as guides and specify what kind of issues can lead to eviction (e.g., non-payment of rent, unauthorized pets, unauthorized tenants, smoking, subleasing, and damage to property).
2) Do Not Evict for an Invalid or Illegal Basis: According to the Fair Housing Act, you cannot discriminate against someone due to race, color, religion, national origin, sex, disability, or familial status. It is also unlawful to increase a tenant’s rent or decrease services in a discriminatory manner or threaten to bring an action primarily in retaliation. It is also unlawful to lock the tenant out, intercept or shut off utilities, water or electric services to the tenant, or remove doors, appliances or the tenant’s property from the property. There are also additional laws that apply if a tenant is in the military.
3) Final Considerations and Be Prepared: It is a possibility that your eviction suit gets challenged and could become a disaster if you are not prepared. In addition to a tenant defending, they may file a counterclaim. You need to first ensure that you are fulfilling your end of the agreement. For example, as the landlord, you have responsibilities to maintain the safe living conditions of your tenants. If you are a cheapskate or inattentive, many tenants will push back. Next, you need to make sure you have all your paperwork in order. The administrative portion of filing an eviction lawsuit poses a great risk of failure. You need to have compliant notices and paperwork delivered or posted in the right manner. Otherwise, a tenant with a semi-decent attorney will be able to challenge your eviction. Finally, plan ahead to prove the violation in court. Contact any witnesses and prepare physical evidence if available.
For the inexperienced landlord, these issues can turn a simple eviction process into a full-blown migraine.
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