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Helpful Hints for Landlords and Tenants

The tenant has certain responsibilities.  If the tenant fails to live up to these responsibilities, the landlord may begin eviction proceedings against the offending tenant. 

The tenant must pay rent and security deposit and follow all other legal requirements in the rental lease agreement.

The tenant must also:

  • Keep their part of the premises clean and sanitary.
  • Remove all garbage in a sanitary manner
  • Keep all plumbing fixtures clean and sanitary
  • Conduct themselves in a manner that does not disturb neighbors and breach the peace.
  • NOT destroy or deface the property.
  • Comply with all housing codes.

Tenant pays past due rent after 3 Day Notice is posted

It is not necessary that the Notice be delivered by a Sheriff or Service Processor.  The landlord or agent may post the notice on the tenant's door.

NOTE:  If the landlord mails the Notice to the tenant, you must add five (5) days to the date the tenant must respond to the notice.

Also, make sure the Notice is properly served on the Tenant. (make sure to properly complete the Certificate of Service at the bottom of the Notice)                        

What should you do after you serve the Notice on the tenant?
Serving the tenant Notice is required before the eviction complaint may be filed in court.  An eviction case can only be filed, however, after expiration of the time period on the Notice.  Notice may be served in either of the following three ways listed below:

  • The Notice may be given to the tenant (Personal Service).
  • The Notice may be posted on the tenant's door (Posted).
  • The Notice may be mailed to the tenant. (mail)               
  • The method of service must be noted on the Notice.

​Florida Statutes, requires the landlord to give written notice of intent to claim a security deposit within 30 days of the date the tenant vacates the premises. The notice must be sent by certified mail and must be sent to the tenant’s last known address. There is specific language (supplied in Section 83.49, Florida Statutes) that must be included in the notice. A landlord who is not going to make a claim on a security deposit is required to return the deposit within 15 days of the date the tenant vacates the premises. find a Notice of Claim Against Security Deposit.

Claim Against Tenant Deposit

Landlord Prohibited Practices

Preparing to Evict a Tenant

  • Changing the locks on the doors
  • Withholding a security deposit without proper notice.
  • Blocking delivery of mail.
  • Turning off the Tenant's utilities.
  • Moving tenant's belongings out of the apartment or home.
  • Armed Forces discrimination
  • Flag display

​If the tenant pays the full amount of rent due within the terms of the Notice, the landlord may not evict the tenant for non payment of rent. If the tenant fails to pay the full amount of rent that is due or the tenant does not vacate the premises within the terms specified in the Notice, the landlord may file an eviction action in court against the tenant.

Tenant Responsibilities

Eviction Lawyer and Mediation Services

Eviction is a lawsuit in which a landlord requests the court to order removal of the tenant from the property, and returning possession of the property to the landlord. Landlord may also be able to sue the tenant for unpaid rent or damage to the rental unit.

If you are involved in a dispute with your landlord or tenant, you should speak with a landlord and tenant attorney to discuss your specific case.  I offer a free telephone consultation with an attorney to review your case or potential case.  The information below is not intended as legal advice, but general information relevant to the eviction process under Florida law.

Who can deliver the Notice to the tenant?

Review all lease provisions

  1. Determine violations of the rental agreement.
  2. Determine the amount of unpaid rent.
  3. Determine the number of days that the Tenant has stayed in the rental unit beyond the end of the lease.
  4. Keep receipts regarding cleanup costs of the rental unit.
  5. Determine the amount of damage to the rental unit.
  6. Take photographs of the damage.
  7. Obtain estimates concerning the repair of the damage.
  8. Keep receipts regarding the repair of the rental unit.
  9. Obtain a list of witnesses who have knowledge of the incident.
  10. Obtain written statements or recorded statements from potential witnesses.
  11. Obtain a copy of the police report.