Do we have any recourse to remove a tenant that is damaging property?
Full Question:
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
Yes, you can evict the tenant for damaging the property, if the damage is intentional or reckless. If that was the case, you give them a 7-day notice to get out, and use their security deposit to pay for repairs. If the damage was an accident, you can give a 7-day notice to get it fixed within 7 days, or get out.
Here is the law, they are violating (6) - damaging the premises.
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83.52 Tenant's obligation to maintain dwelling unit. —
The tenant at all times during the tenancy shall:
(1) Comply with all obligations imposed upon tenants by applicable
provisions of building, housing, and health codes.
(2) Keep that part of the premises which he or she occupies and uses
clean and sanitary.
(3) Remove from the tenant's dwelling unit all garbage in a clean and
sanitary manner.
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant
clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning and other facilities and
appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any part of the
premises or property therein belonging to the landlord nor permit any
person to do so.
(7) Conduct himself or herself, and require other persons on the premises
with his or her consent to conduct themselves, in a manner that does not
unreasonably disturb the tenant's neighbors or constitute a breach of the
peace.
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If the damage is intentional (as you imply), here is the law to end the tenancy:
83.56 Termination of rental agreement. —
...
(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)."
...
(4) The delivery of the written notice ... 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.
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So you send them a notice that looks like this:
(Date)
From: (you, your address)
To: (tenant, at address)
You are advised that your lease is terminated effective immediately. Per Florida law, you
shall have 7 days from the delivery of this letter to vacate the premises.
This action is taken because you have intentionally damaged the premises (list damage).
You must have removed yourself and all of your belongings from the premises by (date, 7 days later).
Sincerely,
(signature of landlord)
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Keep a copy and mail a copy to tenant's address. You should also deliver a copy to tenant, or post it on their door when they are not home.
Hopefully the tenant will move out within 7 days. If they don't move out you're going to have to retain a local attorney to evict them, which will require court action.