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Revised Law Makes Tenant Eviction Easier in Florida

Lawmakers of Florida have made changes to the Residential Landlord-Tenant Act. The changes are significant to both landlord and tenants. The changes enable the landlords to evict tenants faster and the tenants have acquired new security in matters such as one sided lease and deposit refunds.

The most significant changes that landlords and tenants need to know about the amendment are:

1. Landlords wanting to keep the security deposit must notify the tenant in a written form at least 30 days before the move. If the landlord fails to do that, he/she will be obligated to refund the full security deposit to the tenant before the move. Landlords also must address any matter regarding security deposit dispute in statutory language from January 1.

This law benefits the tenants more than the landlords. Many landlords forget to send notice regarding security deposits to the tenants before the move. Now the landlords will be legally obligated to refund the deposit if they fail to send a notice 30 days before the move.

2. If a tenant does something that violates the lease provision and continues to do that after receiving a seven day notice from the landlord, the landlord can evict them after the seventh day. Before the change the landlords had to send a second warning before they could have taken serious action against the tenant.

Landlords are the beneficiaries of this change. Many tenants do not pay the rent within time and violates pet policies. Now the landlords can take actions to get them evicted if the tenant keeps violating the provisions after the first warning.

3. Now the landlords can receive partial payment of the rent from the tenant and still take actions to get the tenant evicted in the same month. The conditions are that the landlord must give the tenant a receipt for the partial payment and place the partial payment in court registry in case a notice is sent to the tenant to a) move out within three days, b) pay the due amount and c) if eviction is filed.

This benefits the landlords because previously some judges ruled that it would not be possible to evict a tenant in the same month if they have paid a partial rent. Bad news for the tenants because some of them used to pay a partial amount in one month and added the rest with next month’s payment. This change takes out that option for them.

4. If the lease says that the tenant must provide a 2 month notice to the landlord before vacating the property, the lease must also say that the landlord needs to provide a 2 month notice to the tenant to notify that the lease will not be renewed. This law benefits the landlords and tenants equally and evens up the score.

This revised provision has been effective since 1 July 2013.