Full question:
We have a tenant that is damaging the house we are renting to her. Do we have any recourse as for as getting her out before she totally destroys the place?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Florida
Answer:
Yes, you can evict the tenant if they are damaging the property, especially if the damage is intentional or reckless. If this is the case, you can provide a seven-day notice for them to vacate and use their security deposit to cover repairs. If the damage was accidental, you can still issue a seven-day notice, but you must allow them to fix it within that time frame.
According to Fla. Stat. § 83.52, tenants must maintain the property and not damage it. If the tenant is intentionally causing damage, you can terminate the rental agreement as per Fla. Stat. § 83.56. You would need to send a written notice to the tenant, specifying the noncompliance and your intent to terminate the lease. The notice should state:
“You are advised that your lease is terminated effective immediately. You shall have seven days from the delivery of this letter to vacate the premises. This action is taken because you have intentionally damaged the premises (list damage). You must have removed yourself and all of your belongings from the premises by (date, seven days later).”
Make sure to keep a copy of this notice and deliver it to the tenant, either by mailing it or posting it on their door if they are not home. If the tenant does not move out within the seven days, you may need to consult a local attorney to initiate eviction proceedings, which will involve court action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.