When landlords want to get rid of an unwanted tenant, they can use the power granted by Florida’s rental laws and a termination clause. This permits them to terminate your lease early if you do not pay rent or violate any other terms set out in their agreement with tenants, like being late on timecards, for example- which could lead to this type of situation happening! The landlord must first give the tenant written notice to terminate the tenancy. There are different types of notifications that landlords must use depending on the circumstances. For example, Florida law gives specific requirements to end a tenancy. Different rules apply for different rental agreements, and some additional rules and procedures must be followed if the tenant has a lease or is in section 8 or subsidized housing.
Landlord Required to Give Tenant Written Notice Before Terminating Lease Early
If you have a month-to-month tenancy, your landlord may give you a written notice to terminate your tenancy with a 7-day minimum notice period. For example, suppose you have violated the lease or rental agreement by having an unauthorized pet, subleasing or assigning your unit, or causing substantial damage to the property. In that case, your landlord is only required to give you a 3-day notice before filing eviction proceedings. Different rules apply if you are in subsidized housing or section 8 housing.
“Writ of Possession” Eviction Proceedings Generally Required for Tenant Holding Over Past Lease Term
If the tenant stays beyond the end of their term without permission from the landlord, then they will be considered “holding over.” The law requires that tenants who hold over be given a written notice to leave. If the tenant does not vacate after receiving this notice, the landlord must file eviction proceedings (d called “Writ of Possession”). Courts in Florida generally require that such eviction filings be done on non-judicial grounds (i.e., without a court trial), and it is only possible for tenants who hold over to challenge later an eviction filing based on procedural defects if they can show that their tenancy was lawfully terminated and that they did not hold over in bad faith.
Tenant May Be Entitled to Remain or Receive Monetary Damages for Landlord’s Failure to Legally Terminate Tenancy Early
If your landlord fails to give you proper written notice before terminating your lease early, you may be entitled to remain in the unit or receive monetary damages. Tenants who are unlawfully locked out by their landlords or who fail to leave after receiving proper written notice (3-day or 7-day) to terminate the tenancy early may be able to file a lawsuit against the landlord for wrongful eviction or wrongful termination of tenancy.
Right Against Retaliation
If you have complained about problems with your rental property, participated in a tenants’ rights union, exercised your rights as a tenant under Florida law, acted as a witness in any action brought against your landlord relating to housing conditions, or if you have organized other tenants concerning their legal rights, then your landlord cannot retaliate against you by locking you out of your home without cause. The law considers it a form of retaliation if you are given a 3-day notice, and your landlord files eviction proceedings against you even though you did not violate your lease or rental agreement.
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