What is the process for evicting a tenant who is having trouble making the rent?
Full Question:
Answer:
The following is a statute:
83.56 Termination of rental agreement. —
(1) If the landlord materially fails to comply with s. 83.51(1) or
material provisions of the rental agreement within 7 days after delivery of
written notice by the tenant specifying the noncompliance and indicating
the intention of the tenant to terminate the rental agreement by reason
thereof, the tenant may terminate the rental agreement. If the failure to
comply with s. 83.51(1) or material provisions of the rental agreement is
due to causes beyond the control of the landlord and the landlord has made
and continues to make every reasonable effort to correct the failure to
comply, the rental agreement may be terminated or altered by the parties,
as follows:
(a) If the landlord's failure to comply renders the dwelling unit
untenantable and the tenant vacates, the tenant shall not be liable for
rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord's failure to comply does not render the dwelling unit
untenantable and the tenant remains in occupancy, the rent for the period
of noncompliance shall be reduced by an amount in proportion to the loss of
rental value caused by the noncompliance.
(2) If the tenant materially fails to comply with s. 83.52 or material
provisions of the rental agreement, other than a failure to pay rent, or
reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be
given an opportunity to cure it or if the noncompliance constitutes a
subsequent or continuing noncompliance within 12 months of a written
warning by the landlord of a similar violation, deliver a written notice to
the tenant specifying the noncompliance and the landlord's intent to
terminate the rental agreement by reason thereof. Examples of noncompliance
which are of a nature that the tenant should not be given an opportunity to
cure include, but are not limited to, destruction, damage, or misuse of the
landlord's or other tenants' property by intentional act or a subsequent or
continued unreasonable disturbance. In such event, the landlord may
terminate the rental agreement, and the tenant shall have 7 days from the
date that the notice is delivered to vacate the premises. The notice shall
be adequate if it is in substantially the following form:
You are advised that your lease is terminated effective immediately. You
shall have 7 days from the delivery of this letter to vacate the premises.
This action is taken because (cite the noncompliance).
(b) If such noncompliance is of a nature that the tenant should be
given an opportunity to cure it, deliver a written notice to the tenant
specifying the noncompliance, including a notice that, if the
noncompliance is not corrected within 7 days from the date the written
notice is delivered, the landlord shall terminate the rental agreement by
reason thereof. Examples of such noncompliance include, but are not
limited to, activities in contravention of the lease or this act such as
having or permitting unauthorized pets, guests, or vehicles; parking in
an unauthorized manner or permitting such parking; or failing to keep the
premises clean and sanitary. The notice shall be adequate if it is in
substantially the following form:
You are hereby notified that (cite the noncompliance). Demand is hereby
made that you remedy the noncompliance within 7 days of receipt of this
notice or your lease shall be deemed terminated and you shall vacate the
premises upon such termination. If this same conduct or conduct of a
similar nature is repeated within 12 months, your tenancy is subject to
termination without your being given an opportunity to cure the
noncompliance.
(3) If the tenant fails to pay rent when due and the default continues
for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery
of written demand by the landlord for payment of the rent or possession of
the premises, the landlord may terminate the rental agreement. Legal
holidays for the purpose of this section shall be court-observed holidays
only. The 3-day notice shall contain a statement in substantially the
following form:
You are hereby notified that you are indebted to me in the sum of
__________ dollars for the rent and use of the premises (address of
leased premises, including county), Florida, now occupied by you and
that I demand payment of the rent or possession of the premises within 3
days (excluding Saturday, Sunday, and legal holidays) from the date of
delivery of this notice, to wit: on or before the __________ day of
__________, (year).
(landlord's name, address and phone number)
(4) The delivery of the written notices required by subsections (1), (2),
and (3) shall be by mailing or delivery of a true copy thereof or, if the
tenant is absent from the premises, by leaving a copy thereof at the
residence.
(5) If the landlord accepts rent with actual knowledge of a noncompliance
by the tenant or accepts performance by the tenant of any other provision
of the rental agreement that is at variance with its provisions, or if the
tenant pays rent with actual knowledge of a noncompliance by the landlord
or accepts performance by the landlord of any other provision of the rental
agreement that is at variance with its provisions, the landlord or tenant
waives his or her right to terminate the rental agreement or to bring a
civil action for that noncompliance, but not for any subsequent or
continuing noncompliance. Any tenant who wishes to defend against an action
by the landlord for possession of the unit for noncompliance of the rental
agreement or of relevant statutes shall comply with the provisions in s.
83.60(2). The court may not set a date for mediation or trial unless the
provisions of s. 83.60(2) have been met, but shall enter a default judgment
for removal of the tenant with a writ of possession to issue immediately if
the tenant fails to comply with s. 83.60(2). This subsection does not apply
to that portion of rent subsidies received from a local, state, or national
government or an agency of local, state, or national government; however,
waiver will occur if an action has not been instituted within 45 days of
the noncompliance.
(6) If the rental agreement is terminated, the landlord shall comply with
s. 83.49(3).
83.57 Termination of tenancy without specific term. —
A tenancy without a specific duration, as defined in s. 83.46(2) or (3),
may be terminated by either party giving written notice in the manner
provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60
days' notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than
30 days' notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15
days' notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7
days' notice prior to the end of any weekly period.
83.575 Termination of tenancy with specific duration. —
(1) A rental agreement with a specific duration may contain a provision
requiring the tenant to notify the landlord before vacating the premises at
the end of the rental agreement; however, a rental agreement may not
require more than 60 days' notice before vacating the premises.
(2) A rental agreement with a specific duration may provide that if a
tenant fails to give the required notice before vacating the premises at
the end of the rental agreement, the tenant may be liable for liquidated
damages as specified in the rental agreement if the landlord provides
written notice to the tenant specifying the tenant's obligations under the
notification provision contained in the lease and the date the rental
agreement is terminated. The landlord must provide such written notice to
the tenant within 15 days before the start of the notification period
contained in the lease. The written notice shall list all fees, penalties,
and other charges applicable to the tenant under this subsection.
(3) If the tenant remains on the premises with the permission of the
landlord after the rental agreement has terminated and fails to give notice
required under s. 83.57(3), the tenant is liable to the landlord for an
additional 1 month's rent.
83.58 Remedies; tenant holding over. —
If the tenant holds over and continues in possession of the dwelling unit
or any part thereof after the expiration of the rental agreement without
the permission of the landlord, the landlord may recover possession of the
dwelling unit in the manner provided for in s. 83.59 [F.S. 1973]. The
landlord may also recover double the amount of rent due on the dwelling
unit, or any part thereof, for the period during which the tenant refuses
to surrender possession.
83.59 Right of action for possession. —
(1) If the rental agreement is terminated and the tenant does not vacate
the premises, the landlord may recover possession of the dwelling unit as
provided in this section.
(2) A landlord, the landlord's attorney, or the landlord's agent,
applying for the removal of a tenant shall file in the county court of the
county where the premises are situated a complaint describing the dwelling
unit and stating the facts that authorize its recovery. A landlord's agent
is not permitted to take any action other than the initial filing of the
complaint, unless the landlord's agent is an attorney. The landlord is
entitled to the summary procedure provided in s. 51.011 [F.S. 1971], and
the court shall advance the cause on the calendar.
(3) The landlord shall not recover possession of a dwelling unit except:
(a) In an action for possession under subsection (2) or other civil
action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to
the landlord;
(c) When the tenant has abandoned the dwelling unit. In the absence of
actual knowledge of abandonment, it shall be presumed that the tenant has
abandoned the dwelling unit if he or she is absent from the premises for a
period of time equal to one-half the time for periodic rental payments.
However, this presumption does not apply if the rent is current or the
tenant has notified the landlord, in writing, of an intended absence; or
(d) When the last remaining tenant of a dwelling unit is deceased,
personal property remains on the premises, rent is unpaid, at least 60 days
have elapsed following the date of death, and the landlord has not been
notified in writing of the existence of a probate estate or of the name and
address of a personal representative. This paragraph does not apply to a
dwelling unit used in connection with a federally administered or regulated
housing program, including programs under s. 202, s. 221(d)(3) and (4), s.
236, or s. 8 of the National Housing Act, as amended.
(4) The prevailing party is entitled to have judgment for costs and
execution therefor.
83.595 Choice of remedies upon breach by tenant. —
(1) If the tenant breaches the lease for the dwelling unit and the
landlord has obtained a writ of possession, or the tenant has surrendered
possession of the dwelling unit to the landlord, or the tenant has
abandoned the dwelling unit, the landlord may:
(a) Treat the lease as terminated and retake possession for his or her
own account, thereby terminating any further liability of the tenant; or
(b) Retake possession of the dwelling unit for the account of the tenant,
holding the tenant liable for the difference between rental stipulated to
be paid under the lease agreement and what, in good faith, the landlord is
able to recover from a reletting; or
(c) Stand by and do nothing, holding the lessee liable for the rent as it
comes due.
(2) If the landlord retakes possession of the dwelling unit for the
account of the tenant, the landlord has a duty to exercise good faith in
attempting to relet the premises, and any rentals received by the landlord
as a result of the reletting shall be deducted from the balance of rent due
from the tenant. For purposes of this section, "good faith in attempting to
relet the premises" means that the landlord shall use at least the same
efforts to relet the premises as were used in the initial rental or at
least the same efforts as the landlord uses in attempting to lease other
similar rental units but does not require the landlord to give a preference
in leasing the premises over other vacant dwelling units that the landlord
owns or has the responsibility to rent.
723.031 Mobile home lot rental agreements. —
(1) No rental agreement shall contain any rule or regulation prohibited
by this chapter, nor shall it provide for promulgation of any rule or
regulation inconsistent with this chapter or amendment of any rule or
regulation inconsistently with this chapter.
(2) Whether or not a tenancy is covered by a valid written rental
agreement, the required statutory provisions shall be deemed to be a part
of the rental agreement.
(3) The homeowner shall have no financial obligation to the park owner as
a condition of occupancy in the park, except the lot rental amount. The
parties may agree otherwise as to user fees which the homeowner chooses to
incur. No user fees shall be charged by the park owner to the mobile home
owner for any services which were previously provided by the park owner and
included in the lot rental amount unless there is a corresponding decrease
in the lot rental amount.
(4) No rental agreement shall be offered by a park owner for a term of
less than 1 year, and if there is no written rental agreement, no rental
term shall be less than 1 year from the date of initial occupancy; however,
the initial term may be less than 1 year in order to permit the park owner
to have all rental agreements within the park commence at the same time.
Thereafter, all terms shall be for a minimum of 1 year.
(5) The rental agreement shall contain the lot rental amount and services
included. An increase in lot rental amount upon expiration of the term of
the lot rental agreement shall be in accordance with ss. 723.033 and
723.037 or s. 723.059(4), whichever is applicable, provided that, pursuant
to s. 723.059(4), the amount of the lot rental increase is disclosed and
agreed to by the purchaser, in writing. An increase in lot rental amount
shall not be arbitrary or discriminatory between similarly situated tenants
in the park. No lot rental amount may be increased during the term of the
lot rental agreement, except:
(a) When the manner of the increase is disclosed in a lot rental
agreement with a term exceeding 12 months and which provides for such
increases not more frequently than annually.
(b) For pass-through charges as defined in s. 723.003(10).
(c) That no charge may be collected that results in payment of money for
sums previously collected as part of the lot rental amount. The provisions
hereof notwithstanding, the mobile home park owner may pass on, at any time
during the term of the lot rental agreement, ad valorem property taxes and
utility charges, or increases of either, provided that the ad valorem
property taxes and the utility charges are not otherwise being collected in
the remainder of the lot rental amount and provided further that the
passing on of such ad valorem taxes or utility charges, or increases of
either, was disclosed prior to tenancy, was being passed on as a matter of
custom between the mobile home park owner and the mobile home owner, or
such passing on was authorized by law. Such ad valorem taxes and utility
charges shall be a part of the lot rental amount as defined by this
chapter. Other provisions of this chapter notwithstanding, pass-on charges
may be passed on only within 1 year of the date a mobile home park owner
remits payment of the charge. A mobile home park owner is prohibited from
passing on any fine, interest, fee, or increase in a charge resulting from
a park owner's payment of the charge after the date such charges become
delinquent. Nothing herein shall prohibit a park owner and a homeowner from
mutually agreeing to an alternative manner of payment to the park owner of
the charges.
(6) Except for pass-through charges, as defined in this chapter, failure
on the part of the mobile home park owner or developer to disclose fully
all fees, charges, or assessments prior to tenancy, unless it can be shown
that such fees, charges, or assessments have been collected as a matter of
custom between the mobile home park owner and the mobile home owner, shall
prevent the park owner or operator from collecting said fees, charges, or
assessments; and refusal by the mobile home owner to pay any such fee,
charge, or assessment shall not be used by the park owner or developer as a
cause for eviction in any court of law.
(7) No park owner may increase the lot rental amount until an approved
prospectus has been delivered if one is required. This subsection shall not
be construed to prohibit those increases in lot rental amount for those lot
rental agreements for which an approved prospectus was required to be
delivered and which was delivered on or before July 1, 1986, if the mobile
home park owner had:
(a) Filed a prospectus with the division prior to entering into the lot
rental agreement;
(b) Made a good faith effort to correct deficiencies cited by the
division by responding within the time limit set by the division, if one
was set; and
(c) Delivered the approved prospectus to the mobile home owner within 45
days of approval by the division.
This subsection shall not preclude the finding that a lot rental increase
is invalid on other grounds and shall not be construed to limit any
rights of a mobile home owner or to preclude a mobile home owner from
seeking any remedies allowed by this chapter, including a determination
that the lot rental agreement or any part thereof is unreasonable.
(8) If a mobile home owner has deposited or advanced money on a rental
agreement as security for performance of the rental agreement, which money
is held in excess of 3 months by the mobile home park owner or his or her
agent, such deposit shall be handled pursuant to s. 83.49.
(9) No rental agreement shall provide for the eviction of a mobile home
owner on a ground other than one contained in s. 723.061.
(10) The rules and regulations and the prospectus shall be deemed to be
incorporated into the rental agreement.
723.061 Eviction; grounds, proceedings. —
(1) A mobile home park owner may evict a mobile home owner, a mobile home
tenant, a mobile home occupant, or a mobile home only on one or more of the
grounds provided in this section.
(a) Nonpayment of lot rental amount. If a mobile home owner or tenant,
whichever is responsible, fails to pay the lot rental amount when due and
if the default continues for 5 days after delivery of a written demand by
the mobile home park owner for payment of the lot rental amount, the park
owner may terminate the tenancy. However, if the mobile home owner or
tenant, whichever is responsible, pays the lot rental amount due, including
any late charges, court costs, and attorney's fees, the court may, for good
cause, deny the order of eviction, provided such nonpayment has not
occurred more than twice.
(b) Conviction of a violation of a federal or state law or local
ordinance, which violation may be deemed detrimental to the health, safety,
or welfare of other residents of the mobile home park. The mobile home
owner or mobile home tenant will have 7 days from the date that notice to
vacate is delivered to vacate the premises. This paragraph shall be grounds
to deny an initial tenancy of a purchaser of a home pursuant to paragraph
(e) or to evict an unapproved occupant of a home.
(c) Violation of a park rule or regulation, the rental agreement, or this
chapter.
1. For the first violation of any properly promulgated rule or
regulation, rental agreement provision, or this chapter which is found by
any court having jurisdiction thereof to have been an act which endangered
the life, health, safety, or property of the park residents or employees or
the peaceful enjoyment of the mobile home park by its residents, the mobile
home park owner may terminate the rental agreement, and the mobile home
owner, tenant, or occupant will have 7 days from the date that the notice
is delivered to vacate the premises.
2. For a second violation of the same properly promulgated rule or
regulation, rental agreement provision, or this chapter within 12 months,
the mobile home park owner may terminate the tenancy if she or he has given
the mobile home owner, tenant, or occupant written notice within 30 days of
the first violation, which notice specified the actions of the mobile home
owner, tenant, or occupant which caused the violation and gave the mobile
home owner, tenant, or occupant 7 days to correct the noncompliance. The
mobile home owner, tenant, or occupant must have received written notice of
the ground upon which she or he is to be evicted at least 30 days prior to
the date on which she or he is required to vacate. A second violation of a
properly promulgated rule or regulation, rental agreement provision, or
this chapter within 12 months of the first violation is unequivocally a
ground for eviction, and it is not a defense to any eviction proceeding
that a violation has been cured after the second violation. Violation of a
rule or regulation, rental agreement provision, or this chapter after the
passage of 1 year from the first violation of the same rule or regulation,
rental agreement provision, or this chapter does not constitute a ground
for eviction under this section.
No properly promulgated rule or regulation may be arbitrarily applied and
used as a ground for eviction.
(d) Change in use of the land comprising the mobile home park, or the
portion thereof from which mobile homes are to be evicted, from mobile home
lot rentals to some other use, provided all tenants affected are given at
least 6 months' notice of the projected change of use and of their need to
secure other accommodations. The notice shall include in a font no smaller
than the body of the notice: YOU MAY BE ENTITLED TO COMPENSATION FROM THE
FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA
MOBILE HOME RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION. The park owner may not give a notice of increase in lot rental
amount within 90 days before giving notice of a change in use.
(e) Failure of the purchaser, prospective tenant, or occupant of a mobile
home situated in the mobile home park to be qualified as, and to obtain
approval to become, a tenant or occupant of the home, if such approval is
required by a properly promulgated rule. If a purchaser or prospective
tenant of a mobile home situated in the mobile home park occupies the
mobile home before approval is granted, the mobile home owner or mobile
home tenant shall have 7 days from the date the notice of the failure to be
approved for tenancy is delivered to vacate the premises.
(2) In the event of eviction for change of use, homeowners must object to
the change in use by petitioning for administrative or judicial remedies
within 90 days of the date of the notice or they will be barred from taking
any subsequent action to contest the change in use. This provision shall
not be construed to prevent any homeowner from objecting to a zoning change
at any time.
(3) The provisions of s. 723.083 shall not be applicable to any park
where the provisions of this[fn1] subsection apply.
(4) A mobile home park owner applying for the removal of a mobile home
owner, tenant, occupant, or a mobile home shall file, in the county court
in the county where the mobile home lot is situated, a complaint describing
the lot and stating the facts that authorize the removal of the mobile home
owner, tenant, occupant, or the mobile home. The park owner is entitled to
the summary procedure provided in s. 51.011, and the court shall advance
the cause on the calendar.
(5) Any notice required by this section must be in writing, and must be
posted on the premises and sent to the mobile home owner and tenant or
occupant, as appropriate, by certified or registered mail, return receipt
requested, addressed to the mobile home owner and tenant or occupant, as
appropriate, at her or his last known address. Delivery of the mailed
notice shall be deemed given 5 days after the date of postmark.
[fn1] Note. — The reference to "this subsection" appears as it did prior to
the amendment by s. 6, ch. 2001-227. Prior to the amendment, subsection (3)
was paragraph (2)(d).
723.032 Prohibited or unenforceable provisions in mobile home lot rental
agreements. —
(1) A mobile home lot rental agreement may provide a specific duration
with regard to the amount of rental payments and other conditions of the
tenancy, but the rental agreement shall neither provide for, nor be
construed to provide for, the termination of any tenancy except as provided
in s. 723.061.
(2) Any provision in the rental agreement is void and unenforceable to
the extent that it attempts to waive or preclude the rights, remedies, or
requirements set forth in this chapter or arising under law.
723.062 Removal of mobile home owner; process. —
(1) In an action for possession, after entry of judgment in favor of the
mobile home park owner, the clerk shall issue a writ of possession to the
sheriff, describing the lot or premises and commanding the sheriff to put
the mobile home park owner in possession. The writ of possession shall not
issue earlier than 10 days from the date judgment is granted.
(2) At the time the sheriff executes the writ of possession, the landlord
or the landlord's agent may remove any personal property, including the
mobile home, found on the premises to or near the property line or, in the
case of the mobile home, into storage. If requested by the landlord, the
sheriff shall stand by to keep the peace while the landlord removes
personal property. When such a request is made, the sheriff may charge a
reasonable hourly rate, and the person requesting the sheriff to stand by
to keep the peace shall be responsible for paying the reasonable hourly
rate set by the sheriff. Neither the sheriff nor the landlord nor his or
her agent shall be responsible to the tenant or any other party for loss,
destruction, or damage to the property after it has been removed.