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The eviction process in Florida and how tenants may prevent it

On Behalf of | Apr 18, 2022 | Real Estate |

Florida’s statutes allow landlords to evict tenants over unpaid rent even when tenants make partial payments. The Florida Legislature website notes that unpaid rent could result in tenants receiving a notice from their landlords. The notice may state that a landlord intends to terminate the rental agreement.

The termination notice generally indicates the balance of rent owed and a possible late fee. The notice must inform tenants they have three business days to pay their rent in full or move out. Landlords may begin the eviction process if tenants fail to pay the full past due amount within three days of receiving a termination notice.

Discussions to delay payments

According to the Consumer Financial Protection Bureau, evictions also incur expenses for landlords. Discussing a payment arrangement could help both landlords and tenants avoid long and costly court battles. Tenants facing temporary hardships may contact landlords and discuss paying late rent on a certain date.

Some property owners may agree to accept past due balances through installment payments. Renters may offer to include late fees to make up for an emergency that led to paying late. If a tenant expects to receive a bonus or an inheritance, promising to catch up on rent with it may help avoid an eviction.

A landlord’s failure to repair

If a home became uninhabitable because a landlord failed to make repairs, a tenant may withhold rent. An eviction lawsuit may require asserting a defense under Chapter 83 Section 60 of Florida law. Evidence, such as pictures, videos and documented requests for repairs may help support a tenant’s claim.

The Florida Bar’s website notes that once tenants receive eviction notices, they need to act fast. Before landlords file eviction lawsuits, however, they must first send tenants notice of ending their rental agreements. Renters generally must pay the past-due balances to remain in their homes.