Florida Lease / Rental Law: Tenant Disturbance

4 Replies

Good Morning BP,

Let me start by saying this is in Florida for reference to Florida Law. I have tenants (young couple) in my condo who have caused a disturbance to other neighbors in the complex. The disturbance lead to one of the tenants actually going to jail for the night (the woman). Due to my initial instinct of the young couple prior to going to contract, I had them pay 5 months rent and had both their parents co-sign.

I received an email from the HOA Manager regarding the disturbance and sent a similar email to the tenants after I discussed what happened with the HOA Manager and both tenants. All three stories seemed to align.

This morning I received a second email from the HOA Manager stating there was a second disturbance early this morning and may result in eviction.

I want the tenants out at this point but I also know they have rights as well considering they paid the first 5 months rent.

Anyone have any feedback related to this?

Thank you -Alexi

I would assume your lease incorporates/references the condo rules into the lease. If so, and they have broken these rules, you can evict.....you would of course have to return any money not legally owed to you upon eviction.

Thanks for the response.

Yes, it states "if the premises are located in a condominium or cooperative development, the Lease and Tenant's rights under it including as to the common areas, are subject to all terms of the governing documents for the project, including, without limitation, any Declaration of Condominium or proprietary lease and any restrictions, rules, and regulations now existing or hereafter adopted, amended or repealed."

If it is a curable situation (it could be in that case), you should give them notice that they have 7 days to fix the problem; if the same problem reoccur within 12 months, you will terminate the lease immediately. If that is the case then, you can then issue the 3 days notice and so forth.

If it's incurable, you can go with the 3 days notice immediately, but you could be challenged in court and that will eventually take longer to get them out.

Give them notice to vacate in 7 - 10 days. Don't worry about the law or hiring an attorney. Just act as if you're allowed to kick them out and they'll likely go along with it. Be sure to let them know you will only charge them for rent through they day they are out. The quicker they leave, the more money they get back.

You can still hold the deposit until the unit is cleared and you can inspect and handle cleaning and repairs.