What Does A “Moratorium” On Evictions Actually Mean?

A moratorium is a delay or a suspension of law, action, or even debt. An example of a widely-seen one was the moratorium on evictions that was established in October of 2020. 

Whether you are a landlord or a renter, misunderstanding what one means has serious financial—and possibly legal—consequences. Let’s take a deeper look at this from a landlord’s perspective.

Misunderstanding A Headline

When information gets put out regarding a moratorium, read the entire article—read multiple articles. And if it is vital to your livelihood, ask an attorney about how it applies to you. 

When the moratorium was established (and was ultimately extended), there was a general misconception that people could not be evicted. Landlords also thought they didn’t have any recourse. 

But did they?

Although it was true that people who didn’t pay their rent or mortgage couldn’t be evicted, it extended beyond that. Tenants were still required to formally declare that they were unable to pay due to an issue related to COVID-19. 

In Florida, attorneys have still been able to file for evictions—and they could even receive final judgments. For landlords who were financially struggling, they contacted attorneys and began the eviction process long before the moratorium ended. The eviction moratorium—which was established on a nationwide basis—was issued by the Centers for Disease Control and Prevention. 

It was never intended to release people from their contractual obligations to pay rent. For people who had already obtained final judgments, they were able to evict those who were not covered by the CDC’s order. Furthermore, for those renters who did qualify for protection from eviction, that in and of itself did not prevent an eviction. 

Past-Due Rent

Another aspect of the eviction moratorium that was overlooked (or misinterpreted) was the issue surrounding the money owed for rent. This was likely a result of people incorrectly assuming that they were released from a financial obligation. 

Due to some unexpected and severe economic challenges, people thought they were being offered relief by not paying their rent. Again, this was not true, nor was it the intent of the moratorium. The debt incurred from the moratorium didn’t disappear, nor would be forgiven. 

In the past, when there was a moratorium, your debts could still be handed over to a collection agency. Your credit score (and your ability to get another apartment) could be impacted as well. 

Atlas Law

At Atlas Law, we are the landlord’s advocate. If you have legal issues or questions regarding your tenants, we can advise you on your options. Don’t make the mistake of thinking you don’t have any recourse because you have rights. Contact Atlas Law today to schedule your consultation. We can also be reached at (813) 241-8269. 

How To Handle Bad Tenants

Though your bad tenants will likely (hopefully) be just a small portion of the people you rent to, they have the potential to take up a considerable amount of your time. When this happens, you devote too many minutes of your day trying to fix problems rather than growing your property management business. 

Common types of problems you are likely to encounter are people who destroy your property, who fail to pay their rent, or a combination of the two. This is when they violate their lease agreement, the document that outlined how much they would pay you in rent and how they would conduct themselves while living on your property. 

The quick response (but definitely not the quickest solution) is to move towards evicting them. Unfortunately, this is a timely process that incorporates lawyers, a legal process, and odds are, your renters will continue to violate their lease as you try to remove them from your property. Although eviction can still be inevitable, here are some steps to take before it gets there.

Prevent It Early 

Spend the time to develop a robust background screening process. This isn’t as complicated as it may sound. Try to focus on three things: employment, previous addresses, and credit scores. For the first two, verify that they are employed and try to talk to a previous landlord. Even though the former landlord has no reason to help you, they will not be able to hide their feelings for a tenant who didn’t pay rent or abused their property.

A credit check might cost upwards of $50, but it is an investment. It’s significantly cheaper than the cost of the eviction process. When you are meeting with the tenant, they will have to give their Social Security number and authorize you to run the credit check. And when you meet with them to show the property, ask questions and get a feel for who might be moving into your property.

Renters Who Won’t Pay

As much as it might upset you that they are not paying, don’t immediately assume that your tenant is doing so aggressively. If you are short on money because your tenants won’t pay, you are going to struggle financially due to no specific fault of your own.

Perhaps your tenant lost their job or is in the middle of a crisis. Trying to help them might go a long way for establishing a long-term professional relationship with them. To do this, consider putting them on a payment plan. A portion of your rent is better than none, and you will be establishing this plan for them to pay you the rent in full eventually. 

Another option is to see if they would consider having a roommate if the living space can accommodate it. They will get to pay less, and you will receive the entirety of your rent. 

Atlas Law 

At Atlas Law, we are equipped to cover eviction and real estate cases throughout the entire state of Florida. If you own property—or you’re a corporation that owns several properties—Atlas Law can be your single source for eviction proceedings. Contact us online to schedule a consultation.

How Does the Commercial Eviction Process Work in Florida?

If you own a corporate property like a store or an office space and you rent it out to a business, it’s your worst nightmare when your tenant’s business begins to fail and they stop paying rent as a result. This leaves you in the uncomfortable situation of needing to evict your commercial tenant so that someone else can move into the space and you can start getting paid again. Where do you begin? What will the process be like? Read on to learn how the commercial eviction process works in Florida.

One of the most important things to keep in mind as you begin this process is the importance of going by the book. Don’t give the evicted tenant any reason to sue you or even threaten a lawsuit!

First, talk with an attorney and review the lease agreement to make 100% sure you are not infringing upon any of their rights or breaking the agreement by beginning this process. Next, you will need to give the tenant notice that you intend to begin eviction proceedings. If you are evicting them because they didn’t pay rent, you must give them three days notice. If you are evicting them for another reason, you must give them fifteen days notice. This is not the amount of days before they must vacate the premises, just the number of days before you can actually begin the official eviction process.

Once enough time has passed since you provided the notice, you can file an unlawful detainer complaint with your local state court. Your tenant will then need to be served with a copy of this complaint. The complaint must be thorough — it should include information about how much rent is due as well as who has legal possession of the property and whether your tenant will be required by the lease agreement to pay your attorney fees and court costs.

Your tenant has five days to respond to the unlawful container complaint once they’ve been served. Failure to respond will allow you to win the case by default. If they file a counterclaim, you then have a five-day window of your own to respond. After that, a court date gets scheduled.

Courts typically move quickly in these matters, but at present there may be a delay due to the COVID-19 pandemic.

You don’t have to handle the commercial eviction process on your own.

Mistakes in this process can be costly. You need to work with an experienced attorney to make sure that the complaint is properly presented so your tenant can be removed as quickly as possible. Don’t take a risk! Contact Atlas Law today to learn how our team can make this process less stressful so that you can get back to your life!

Attention to Detail: Three Reasons It’s Essential to Get it Right When Evicting a Tenant

When it comes to evicting a tenant, it is absolutely essential to get all the details right. Making a mistake can cost time and money, or even lead to unwanted legal action. From paperwork to compliance with the letter of the law, this is one process where you really, really don’t want to make any mistakes. Read on to find out why.

1. Emotions are running high.

Eviction is a sensitive process. Whether you have a commercial tenant or a residential tenant, nobody is happy when they have to vacate a property where they spend a significant amount of time either personally or professionally. Emotions run high during an eviction, and even when you are completely justified and within your rights to evict your tenant, you may find that tenants look for any reason they can find to accuse you of wrongdoing. 

2. Mistakes can make the process take longer.

When you’re evicting a tenant, time is money. The more swiftly the eviction takes place, the sooner you will be able to find a new tenant for the property — and you can stop losing money! If you make mistakes with the notices, dates, or other details, the entire eviction can be thrown out, which means you will have to start the process over again from the beginning. That includes all the wait times!

3. Errors are EXPENSIVE!

Many landlords try to handle the eviction process themselves, without the help of an attorney. This is almost always a bad idea. Typically, the landlord will make a mistake of some sort, and hiring a lawyer to fix the mistake and carry out the eviction ends up being considerably more expensive than just partnering with a lawyer and getting it right from the start. Not to mention the money you lose if your tenant isn’t paying rent.

Partner with an experienced lawyer to minimize costs and evict your tenant swiftly.

At Atlas Law, we provide significant value to our clients through landlord advocacy. We invite you to rethink your relationship with your real estate attorney. We do not charge for client phone calls, client emails, or travel. We just charge a flat fee for evictions — that’s it. Are you ready to get started? If so, give us a call at (813) 241-8269. We can’t wait to hear from you!

Abandonment Explained

Unreturned phone calls, text messages without answers and, often, at least a month’s worth of unpaid rent. These are usually the tell-tale signs that your tenant has abandoned their rented property. It can be stressful and frustrating when a tenant disappears without notice before the tenancy has ended. Such a situation can also deal a blow to your finances – whether or not the tenant was behind with their payments. Under such circumstances, you may feel pressured to start looking for a new tenant right away.

When a tenant disappears for a prolonged period of time without informing their landlord, it may constitute a breach of the lease agreement and count as abandonment. However, before a landlord can change the locks and embark on a search for a new tenant, they need to find out whether the previous tenant has truly abandoned the property. Read on to learn what constitutes tenant abandonment in Florida and what your obligations as a landlord are if you’re ever faced with this issue.

What Constitutes Abandonment?

According to Florida law, a landlord can assume that a tenant has abandoned the property if:

  • the tenant has been absent for longer than half the time of periodic rental payment
  • the rent is not current (or, in other words, the rent is due)
  • the tenant has not notified the landlord about their prolonged absence

It should be noted that this criteria is established pursuant to Chapter 83 of the Florida Statutes, so if you are a landlord renting a lot to a tenant in a manufactured home community, this abandonment provision would not apply to you.   

Landlord’s Obligation in Case of Abandonment

Provided that the conditions mentioned above are met, a landlord can then take actions to minimize financial losses by re-renting the property. A landlord may enter the abandoned property to perform any necessary improvements and repairs. The landlord may also change the locks and collect the old tenant’s belongings. 

Importantly, however, according to Florida law, a landlord may not simply dispose of the old tenant’s property without first attempting to reach the tenant. The landlord would have to provide the tenant with written notice and an opportunity to recover the abandoned property. A tenant has 10-15 days to retrieve property, depending on how the notice is delivered to the tenant. After that period, the landlord may dispose of, retain, or resell the property.

If the value of the property left behind by the former tenant is worth at least $500.00, a special procedure must be followed. Specifically, the property must be sold at public sale by competitive bidding. The sale must be advertised in a newspaper of general circulation for at least two weeks and take place at least 10 days after the initial publication. 

Importantly, the landlord cannot retain the full amount of proceeds from such sale. Rather, after deducting any costs related to the storage, advertisement, sale, etc., the remaining proceeds must be returned to the former tenant. If attempts to contact the tenant prove to be unfruitful, the proceeds must go to the clerk of court in the county where the property was abandoned.

As shown above, dealing with an issue related to a troublesome tenant can be more complicated than it initially seems. In order to avoid any legal liability, a landlord is usually required to follow statutory procedures. That is why before taking any action regarding a tenant, it is better to first consult an experienced attorney. If you have any questions with regard to a matter related to your tenant, please contact Atlas Law – a landlord’s advocate.

Understanding the Appeals Process in an Eviction Case

Facing an eviction order can be scary – especially if you feel that the decision the court has made is unfair and unjustified. Thankfully, Florida state law provides a way for you to fight the unjustified denial of an eviction by appealing the judgment in your eviction case. In this article, we will briefly walk you through the appeals process in Florida.

It is important to note that you can only file for an appeal after the final judgment was made in the eviction case. If you don’t agree with the judge’s decision in your case and you think that procedural errors have been committed in the first trial, you may have a good reason to file an appeal.

A landlord has 30 days from the date the eviction order was given to file an appeal by presenting the court with the required documents. The steps you must take in order for the appeals to be properly filed and recognized by the court include:

  • Notice of Appeal – The appellant must first file the notice of appeal with the appropriate appeals court (typically the court in which the final judgment was rendered). In addition, a filing fee of up to $300 must be paid.
  • Preparation of the Record – While the record is prepared by the clerk of the court, the appellant must ensure that the record contains all the records and documents they deem necessary to be included. The appellant will usually have 10 days to communicate their instructions to the clerk of the court.  This usually includes the additional of any trial transcripts, affidavits, or depositions that were taken as part of the original proceeding.
  • Docketing Statements and/or Disclosures – These include important information about the appeal such as the details of the initial judgment, parties involved, and attorneys who represent them.
  • Appellate Briefs – In appellate briefs, the parties present their arguments. Briefs are extremely important since the appellate court’s judgment will be based primarily on the information presented in the briefs. Unlike the original action, there is no trial.  No additional or new evidence is heard by the appellate court, as the purpose of the appeal is to argue that there was a procedural problem that occurred during the original eviction proceeding. The appealing party is responsible for presenting the initial brief. Once the initial brief is filed by the appealing party, the respondent will file the answer brief whose purpose is to defend the decision that was taken at the initial hearing. The appellant will have the chance to counter these arguments in the reply brief.

Appellate Proceedings

Once all the formal requirements pertaining to filing an appeal have been met, appellate proceedings may be initiated. Importantly, during an appeal, the appellate court will not consider new evidence or re-try the case. Rather, the purpose of the appeal is to find out if legal or procedural mistakes were committed at the initial hearing.

Some appeals may involve the oral argument in which parties appear before the court to present their position orally. The judges often takes advantage of this to ask additional questions to both the appellant and the respondent. The appellate court’s decision isn’t announced during the oral argument. Rather, the decision is issued in the written form after oral argument has been heard.  It is not uncommon for an appellate court to issue an opinion months after the oral argument occurs.

Landlords who lost their initial eviction hearing should be aware that filing an appeal on eviction judgment isn’t a DIY project. Moreover, it may be more cost effective to file a new eviction action instead of going through the appeals process.  Closely cooperating with an eviction lawyer with experience in real estate litigation will be crucial to the success of the appeal. Atlas Law attorneys have successfully represented the interests of landlords, including handling of appellate matters. If you are facing a court decision that you feel is unfair, please contact us immediately to take advantage of important protections our office can offer you.

Mobile Home Management: 3 Tips to Handle an Eviction

Affordable housing is one of the most pressing issues American society is facing today. Prices of traditional housing units have been rising steadily over the last few years, making many American families pursue less expensive accommodation options. With a price of $90,000 for a unit, there is little wonder why mobile homes are one of the fastest-growing housing options in the U.S. It is estimated that about 18 million Americans currently live in some form of manufactured housing.

If you are an owner of the residential property and manage a home for rent, you may be interested in expanding your portfolio to add mobile homes. As a mobile home manager and landlord, you need to know that there are specific statutes in Florida housing law that regulate the relationship between a landlord and a tenant renting a lot in a mobile home community. In this article, we will provide an overview of the laws and regulations that a landlord must adhere to in handling an eviction situation.

Only Evict for Lawful Reasons

A landlord must only initiate eviction proceedings if a legally valid reason for it exists. Among the reasons mentioned by Florida laws are:

  • Non-payment of lot rent and utilities
  • Change in the land use
  • Violation of the property rules
  • Violation of the lease agreement

Trying to evict a tenant for other reasons may be illegal and make a landlord liable for breaking the law. In order to protect themselves, a tenant may sue the landlord for trespassing, unlawful eviction, or intentional infliction of emotional distress and claim financial compensation.

Follow the Proper Eviction Procedure

Before taking any action, a landlord must notify a tenant about the termination of the lease and provide a reason for it.

  • If the reason is a non-payment of rent, the landlord must provide the tenant with a 5-day notice.
  • For violations of federal, state, or local laws related to health, safety, and welfare of other residents, a tenant must be given 7 days to move.
  • In the case of a change in the land use, mobile home owners must be notified 6 months in advance.
  • For a severe violation of property laws, a landlord must serve a tenant with a 7-day notice.
  • In the case of minor violations, a tenant will be given 7 days to correct the issue. If a tenant then repeats the same violation within the next 12 months, he or she will be given 30 days to move.

If a tenant doesn’t vacate the property within the period mentioned in the written notice, the landlord may file an eviction lawsuit. If the tenant loses the lawsuit, a judge will authorize the clerk of court to issue a writ of possession that is served to the tenant by the sheriff. The writ of possession cannot issue until 10 days have passed after the court’s final judgment.  Service of the writ by the sheriff will occur by the sheriff taping the writ to the door of the mobile home in question. Importantly, it is then the sheriff and not the landlord who can forcibly move tenant from the property.

Avoid Self-Help Eviction

Self-help eviction is a term describing practices a landlord may try to take to intimidate or threaten a tenant into leaving the property. Self-help eviction is unlawful and may put a landlord in the position of legal liability. Some of the illegal self-help eviction actions are:

  • turning off utilities to the lot
  • threatening or intimidating a tenant
  • forcibly entering a tenant’s property
  • forcibly moving a tenant’s mobile home

Dealing with a Troublesome Mobile Home Owner? Contact Atlas Law

We are attorneys at law practicing Tampa, Florida, and we have an ample experience in advising and representing our clients in eviction cases in Florida. If you are dealing with issues such as a non-payment of rent, extremely late payments, lease agreement violations, and more – do not hesitate to contact us. We will help you make sure your rights and interest are protected and that you stay free of liability when you initiate eviction proceedings.

Common Eviction Costs and How to Reduce Them

A troublesome tenant may cost you money and your good reputation as a landlord. Dealing with them may also cause you a lot of unnecessary stress and consume time. In some situations – like non-payment of rent, extremely late payments, or breach of lease agreement – eviction may seem like the only viable solution to your tenant problems. Before you decide to take this serious legal step, however, you must be aware of the costs related to the eviction process. In this blog, we explore common expenses a landlord must be prepared to bear before, during, and after the eviction. We also tackle the question if it is possible to reduce the eviction costs.

Fees Related to Serving & Filing

As we mentioned in our August blog, each eviction must closely follow a process delineated by both state and county laws. Such laws state, for example, that before initiating any action to evict a tenant, they must be served a notice of eviction. If you’d like a professional to prepare such notice for you, this will likely be the first cost you’ll have to bear with relation to an eviction.

The notice must be then served to the tenant. Again, while you may choose to do that yourself, many prefer to have a third party – for example, a process server – deliver the notice. This solution is called civil processing and its advantage is that it creates an official record of the delivery. However, you must be prepared to pay a fee for it.

After the notice has been delivered and before you can move forward with the eviction, you need to file important paperwork – such as a Summons and a Complaint for Eviction and Damages – with your local or district court. At this stage, you will need to pay filing and processing fees. In Florida, these fees will cost you about $250, with increasing costs if there is more than one tenant.

Court Costs and Legal Fees

In addition to the initial paperwork that you file with the court, you will likely be required to file additional documents at every stage of the eviction. The costs of legal proceedings can quickly add up, especially if the eviction is contested by the tenant. Such expenses may relate to a court review of your case, the discovery process, and a jury trial. Depending on the circumstances, all such expenses may easily reach a few hundred, and sometimes thousands of dollars.

Attorney Fees

Due to the complexity of your eviction case, or simply for your peace of mind, you may require the assistance of an eviction attorney. There are different ways in which lawyers may charge you for their services. Some use a flat-rate package that includes the preparation of the needed documents and a number of court appearances. Others charge for their work according to their billable hourly rate. If your eviction case is contested and a hearing is necessary, attorney fees will likely be higher.

Other Eviction Related Costs

If the court approves of the eviction, or if you win your eviction case, you must be prepared for the cost of enforcing the eviction. For example, you will have to pay a fee service of the Writ of Possession in the amount of $90. After the actual, physical eviction has taken place, you will likely have to clean or even renovate your property, which will entail additional costs.

How to Reduce Eviction Costs

Most of the costs and fees mentioned above are mandatory and therefore impossible to avoid if you’re evicting a tenant. However, according to Florida Statutes, as a prevailing party in an eviction lawsuit, you are entitled to recover court costs and attorney fees from the losing party.

Nevertheless, the best way to reduce eviction costs is to avoid evictions altogether by investing money in better tenant-screening. While there are no guarantees, choosing tenants with a good credit score, solid references, and a professional tenant application will be less likely to give you lawful reasons for eviction.

Atlas Law – Trusted Florida Eviction Lawyers

At times, though, eviction may be necessary. If you are losing money or your good reputation as a landlord due to a troublesome tenant, contact Atlas Law. We are Florida attorneys who specialize in finding innovative solutions to complex eviction cases. Contact us today and schedule a consultation to talk about the details of your eviction case.

Is it Time? How to Determine When to Move Forward with Eviction

Eviction can be a messy and costly process. That’s why few landlords, if any, would rush with a decision to evict a tenant even if the relationship they have is far from perfect. Additionally, evicting a tenant for personal or unlawful reasons may warrant a retaliatory legal action initiated by the tenant. Even if a landlord feels like they have all the reason to proceed with the eviction, a threat of a lawsuit may make them think twice before going through with it.

Nevertheless, a troublesome tenant can negatively influence a landlord’s reputation, cause financial losses, and even become a threat to other occupants of the building. If you are a landlord, you should be aware that the law protects your rights and offers a framework for lawful evictions of extremely troublesome tenants. In our August blog, we offered some suggestions on how to stay out of legal trouble when evicting a tenant. This month, we will explore some reasons why eviction may actually be the only way to solve problems in a building that you own.

Tenant Repeatedly Failed to Pay Rent and Accumulated Debt

Most landlords are reasonable when faced with a tenant who has encountered a financial struggle and is unable to pay rent for a month or makes the payment a little late. Many such issues can be resolved thanks to good will shown by both parties. However, a repeated, unapologetic non-payment of rent is a lease violation and a financial hazard that few landlords can and are willing to afford. A landlord must remember, however, that they are obliged to deliver an eviction notice to the tenant with a 3 or 5-day notice period (depending on the property) before initiating further action.

Tenant Caused Major Damage to the Property

Normal wear and tear is not a lawful reason to initiate an eviction. However, intentional and extensive damage to the property can negatively influence its value and entail financial losses to the landlord, at the very least those related to repair costs. Similarly, a tenant cannot make significant changes or repairs to the property without a landlord’s permission or if such changes are not covered in the lease agreement. Both damaging the property and making illegal changes may constitute a lease violation, and are good reasons to start an eviction. However, if a tenant commits to repairing the damage and actually makes the repairs, the reason may cease to be valid.

Tenant Engages in Illegal Use of the Property

Illegal use of the property may entail engaging in some illegal activity on the property, but it can also mean using the property for business purposes even if the business itself is legal. If the property you are renting is residential, operating a business or commercial activities out of it may be illegal. Before taking eviction action on the basis of this reason, it is best to consult all the details and circumstances involved with an eviction attorney.

Ready to Evict a Tenant? Seek Legal Advice First

Taking care of all the legal aspects of an eviction may be stressful, but it’s even more nerve-wracking if the matter ends up in court. That’s why before taking this drastic step, you should make sure you have a trusted legal professional at your side. At Atlas Law, our attorneys have ample experience in handling complicated eviction cases. We will gladly help you make sure you stay out of trouble while protecting your property and financial interests. Contact us without delay to discuss your legal options.

How to Stay Out of Legal Trouble While Evicting a Tenant

When faced with a tenant who repeatedly fails to pay rent or frequently violates the rental agreement in some other way, a landlord may feel the only way to deal with this problem is to evict the tenant. However, the decision to evict a troublesome tenant should not be taken lightly. The eviction process can be long and costly and cause a landlord a lot of stress. In addition, Florida – like other states – has very specific laws that govern the process. By failing to adhere to these laws, a landlord may run the risk of a countersuit and suffer additional financial losses. In this blog, we will discuss 5 things that landlords must absolutely avoid in order to stay out of legal trouble while evicting a tenant in Florida.

Evicting a Tenant for Unlawful Reasons

Eviction may only take place if there are solid reasons for it. These reasons are clearly defined by the law and they include:

  • non-payment of rent or extremely late payments
  • violation of the lease or rental agreement
  • destruction of property
  • disturbing the neighbors in a way which constitutes a breach of peace
  • engaging in unlawful activities on the premises (such as selling drugs)

Trying to evict a tenant on grounds other then these may be considered unlawful and results in nothing more than an unnecessary legal battle with little chance of success. If a landlord isn’t sure if they have a valid reason for eviction, it will be best to contact an eviction lawyer for a consultation.

Trying to Evict by Extralegal Means

Even when there are serious and lawful reasons for eviction, a landlord must refrain from trying to evict a tenant by themselves. They must also avoid any actions aiming to force the tenant out of the premises, whether by the use of physical strength or strategies such as such as changing locks, turning off utilities, or communicating threats. All such actions are unlawful and may result in the tenant filing civil charges against the landlord.

Failure to Deliver the Eviction Notice

For an eviction to be lawful, a landlord must follow all the procedures stipulated by the law. Florida requires a landlord to write an eviction notice and serve it – or in other ways, personally deliver it – to the tenant. After that, the landlord must let a certain amount of time pass before they can proceed with the process.

If the reason for the eviction is a failure to pay rent, the notice period is three or five days, depending on the type of property that is being rented. In the case of a violation of the lease and rental agreement, a landlord must usually give the tenant 7 days to cure, or correct, the violation. If the rent is paid or the violation corrected within the stipulated period, the landlord cannot proceed with the eviction.

It is equally important to note that the notice must contain no errors or mistakes. If some information on the notice is lacking or incorrect, the landlord must fix it, serve the notice again, and wait for the stipulated period to pass before taking the next step in the eviction process.

Violating the Fair Housing Act

According to the Fair Housing Act – a federal anti-discriminatory law that has also been adopted by the state of Florida – it is illegal for a landlord to discriminate against a tenant based on factors such as race, religion, gender, national origin, familial status, and disability. Any eviction action based on such characteristics would be unlawful and invalid.

Forgetting Tenants Can Fight an Eviction

Tenants in Florida have the right to contest the eviction process if they feel their rights have been violated. In order to avoid costly legal proceedings or civil charges, it is usually best for a landlord to consult a lawyer before starting the eviction proceedings.

Atlas Law provides landlords with comprehensive legal assistance and innovative solutions in difficult eviction cases and other landlord/tenant litigation matters. If you are a landlord and are facing challenges related to a troublesome tenant, do not hesitate to contact us. We will schedule a consultation with you in order to understand your circumstances and provide advice with regards to your legal options.