From late payments to leaky faucets, something always seems to be going wrong when you’re a landlord. But how do you know when a tenant issue is serious enough to call your attorney instead of just handling it yourself?
The Case for Communication: Keeping Good Tenants
Finding a good tenant is hard. If you’re lucky enough to have one, you probably want to do everything you can to keep them. Before you rush to the courthouse, consider a few things.
- How Long Have They Lived There? If a long-term tenant who has always paid on time is suddenly late, don’t just file for eviction. Pick up the phone and talk to them. Maybe they’re dealing with a personal crisis, or maybe the check got lost in the mail. A simple conversation could resolve the issue and save you both a lot of time and money.
- Are They Communicating? If a tenant reaches out to you, letting you know about a problem, consider giving them some grace. They may have a broken-down car or an unexpected emergency. While you may have the legal right to evict, the legal fees and headache of a lawsuit may be far more burdensome than simply waiting a couple of weeks for them to catch up.
- Are They Facing Hardship? Sometimes, good people face bad luck. If a tenant is late on rent because they’re sick or lost their job, consider working with them. You may even be able to point them toward local resources that can help. The Cape Coral Caring Center, for example, helps people get back on their feet during a crisis.
When in doubt, a local attorney can help you explore all of your options and find a solution that works for everyone.
By Kara B. Rogers, Esq.
From Communication to Court: When Eviction Becomes Necessary
Most landlords prefer to avoid the courtroom, resolving disputes with tenants informally. However, there are times when negotiation is no longer effective, and an eviction action is the only viable solution.
When to Stop Negotiating and Start Evicting
There are specific situations where trying to work with a tenant is no longer a practical option.
- Repeatedly Missing Rent Payments: While you can resolve a one-time late payment, a tenant who consistently fails to pay leaves you with an unreliable income stream. Florida law allows landlords to serve a three-day notice to pay or vacate, and if the payment isn’t made, eviction is the appropriate next step.
- Habitual Lease Violations: Some tenants may fix a violation—like an unauthorized pet—but then repeat the behavior. When violations are ongoing, repeated warnings lose their effectiveness, and you must enforce the lease through the court system.
- Serious Violations: Certain conduct, such as property damage, illegal activity, or threats, cannot be fixed with a simple notice. In these cases, Florida law permits landlords to serve a seven-day unconditional notice to vacate. If the tenant doesn’t leave, an eviction becomes necessary to protect your property and ensure the safety of others.
- Refusing to Leave After the Lease Ends: When a lease term expires and a tenant refuses to vacate, you have little choice but to begin eviction proceedings. A holdover tenancy prevents you from regaining control of your property or renting it to a new tenant.
Although resolving issues outside of court may seem preferable, doing so can lead to significant financial losses and prolonged stress. Florida law strictly prohibits landlords from using “self-help” measures like changing locks or shutting off utilities. A formal eviction action is the only way to ensure a clear and enforceable legal remedy. An experienced landlord-tenant attorney can help you determine whether continued cooperation is realistic or if the circumstances warrant filing an eviction action.
By Robson D.C. Powers, Esq.
Disclaimer: Nothing contained herein should be construed as legal advice. You should always consult an attorney for any legal questions. This article was originally published in the August Edition of the Cape Coral Sun and can be read in its original form at here.