Whether you are a seasoned landlord with valuable management skills or a first-time landlord, the issue of eviction or abandonment could be an issue you have to face. The issue of abandoned property appears in two contexts. On one hand, a landlord could face the issue when the tenant has abandoned the property altogether by leaving for an indefinite period of time without giving notice. On the other, a landlord could face the issue when the lease has expired or been terminated yet the tenant fails to take all of his or her possessions with him. What are your rights and responsibilities as a landlord in each situation?
Commercial landlords and property managers should be familiar with Florida Statutes § 713.10, when it comes to protecting a property from the liens arising from work done to the property by a tenant. Recent case law illustrates what other protective measures can be taken by a landlord or property manager when it comes to improvements by tenants, especially if those improvements are required under the lease or if said improvements constitute the “pith of the lease.” 14th & Heinberg, LLC, vs. Henricksen & Co., Inc., 877 So.2d 34 (Fla. 1st DCA 2004)
The 4th District Court of Appeals, covering Broward, Palm Beach, St. Lucie, Martin, Indian River, and Okeechobee Counties, has ruled on a long standing disputed point of law in Broward County. The question: “Whether a tenant claiming a defective or non-existent three-day notice is a residential eviction is required to tender undisputed rent into the court registry as set forth in Florida Statute § 83.60(2) in order to defend the action based on the defective or non-existent three-day notice.” The ruling: “We answer the question in the affirmative and affirm the decision of the County Court.” Myron Alphesus Stanley, Jr. vs. Quest International Investment, Inc., 2010 WL 4861722 (Fla. 4th DCA 2010).
Link: Read more about this firm’s eviction services The most important precaution Landlords have against bad tenants is to obtain a rental application with the tenant’s identity before handing over the keys. Verifying the information and running a background check will ensure the renter is not a habitual deadbeat tenant. After the rental term has begun, be swift with the appropriate …
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