Landlord Tenant Archives - Makris Legal

Things Landlords Should NEVER Do To Their Tenants

Bill Makris — Thu, 05 Jun 2025 11:00:21 +0000

Being a landlord in Florida comes with certain rights and responsibilities. While landlords have the authority to manage their properties, it is crucial to understand and respect the statutes in place to protect tenants’ rights. Florida statutes have been designed to ensure fair and equitable treatment of tenants and landlords. In this blog, we will discuss some actions that landlords should never do as they conflict with Florida statute and can cause major problems for landlords.

Self-help Evictions:

Self-help evictions, also known as “do-it-yourself” evictions, involve landlords taking matters into their own hands to forcibly remove tenants without going through the property legal proceedings. Engaging in this kind of eviction can lead to severe legal consequences for landlords.

Retaliatory Evictions:

Landlords in Florida should never engage in retaliatory evictions. Retaliatory evictions involve terminating a tenancy or increasing rent as a response to a tenant’s legitimate complaint or exercise of their legal rights. Florida statute prohibits landlords from retaliating against tenants who have reported housing code violations, requested necessary repairs, or participated in tenants’ associations. Engaging in such behavior can lead to legal consequences and potential liability for the landlord.

Illegal Entry or Lockouts:

Landlords must respect the privacy and security of their tenants. Unauthorized entry into a tenant’s rental unit, changing the locks without notice, or shutting off the utilities is strictly prohibited in Florida. Landlords must provide reasonable notice before entering a rental property, typically 12 to 24 hours, except in cases of emergency. Unlawful entry or lockouts can disrupt a tenant’s peace and quiet enjoyment of the property, potentially leading to legal action against the landlord.

Failure to Maintain Safe and Habitable Conditions:

Florida statute requires residential landlords to maintain their rental properties in safe and habitable conditions. This includes providing basic utilities (water, electricity, and heating), keeping the premises free from hazards, and conducting necessary repairs promptly. Landlords should never ignore repair requests or fail to address issues that affect a tenant’s health and safety. Failure to meet these obligations can result in legal liabilities and even rental abatement, where tenants are entitled to withhold rent until the issues are resolved.

Discrimination and Fair Housing Violations:

Discrimination against tenants based on their race, color, national origin, religion, sex, disability, or familial status is strictly prohibited by both federal and Florida fair housing laws. Landlords should never refuse to rent, deny housing benefits, or impose different rental terms based on these protected characteristics. It is important for landlords to have a comprehensive understanding of fair housing laws to ensure they comply with all applicable regulations.

Retention of Personal Belongings:

When a tenant vacates the rental property, landlords must follow Florida’s laws regarding the disposal of personal belongings left behind. Landlords should never discard or sell a tenant’s belongings without following the proper legal procedures. Instead, landlords must allow tenants a reasonable time to reclaim their belongings. If the tenant fails to collect their belongings, landlords should follow the appropriate steps to legally dispose of the items.

As a landlord in Florida, it is essential to familiarize yourself with the state’s landlord-tenant laws and regulations. By understanding and adhering to these laws, landlords can maintain positive relationships with their tenants while avoiding legal disputes and potential liabilities. This article highlighted some actions that landlords should never engage in, as they conflict with Florida statute and can harm tenants. To speak to an attorney, click here.

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A Basic Overview Of Residential Security Deposits

Bill Makris — Mon, 23 Sep 2024 11:00:12 +0000

When it comes to renting a residential property to a future tenant, a landlord will want to consider charging a security deposit prior to the tenancy commencing. A security deposit is a payment required by a landlord to ensure that a tenant pays rent on time and keeps the rental unit in good condition. The most common reason why a landlord would charge a tenant a security deposit is to cover any damages the tenant may cause during their tenancy. When it comes to security deposits there are procedures that landlord must follow pursuant to Florida Statute. Failure to follow the procedures set forth in Florida Statute §83.49 can result in a claim against the landlord and even the landlord being forced to forfeit their right to the security deposit.

When determining how much to charge a tenant for a security deposit, a landlord will consider many factors, including but not limited to state laws governing security deposits, price of the rental unit, the amenities a property provides the tenant, the tenant’s creditworthiness, and what the competition charges. Florida has no laws governing how much a landlord can charge for a security deposit. However, landlords typically charge between one to two months’ worth of rent as a security deposit. Additionally, a security deposit is not to be mistaken as rent, and is never considered a rent payment. Although tenants may ask their landlord to apply the security deposit as a rental payment in the event they are unable to pay in a timely manner, a security deposit should be held and not counted as rent.

Pursuant to Florida Statute a landlord has fifteen (15) days after the termination of the tenancy to return the security deposit unless the landlord intends to make a claim on the security deposit for damage to the property, then the landlord has thirty (30) days to make a claim, in writing, to the tenant’s last known address. For example, Larry the Landlord and Terry the Tenant end their tenancy and Terry vacates the property. Larry does a walkthrough three (3) days after Terry vacates and notices that Terry has left the place a mess with holes in the wall. Larry then sends a certified letter to Terry informing him that Larry is imposing a claim on his security deposit for the damages. Here, Larry has met the notice requirement for imposing a claim on Terry’s security deposit. However, should the landlord fail to provide notice within thirty (30) days of the tenancy concluding, the landlord forfeits their right to impose a claim on the tenant’s security deposit.

Although a landlord forfeits their right to the tenant’s security deposit should they fail to meet the notice requirement, a landlord may still file an action against the tenant after the landlord sends the tenant their deposit back. Florida courts have held that there is no fifteen (15) day statute of limitations for a landlord to file suit for damages to a rental property. For example, Larry sent Terry his deposit back five (5) days after the conclusion of the tenancy and after Larry’s initial inspection of the property. Twenty days later, Larry inspects the property and finds damages that were not visible during his initial inspection, including damage to the air handler and plumbing. Due to the excessive damages left by Terry, Larry is able to file suit against Terry to try to recover the damages he left at the property.

Should a tenant not raise an objection to landlord’s claim for the security deposit, the landlord must deduct the amount they are claiming and send the tenant back the rest of the security deposit. If the landlord fails to do this, they are not able to make a claim on the tenant’s security deposit, and if judicial intervention is necessary to cover damages, the landlord will most likely have to file a separate lawsuit against the tenant for damages.

At the end of the day, the main reason security deposits exist is to ensure the tenant pays their rent on time and as a security cushion for landlords in the event a tenant damages the property upon the conclusion of the tenancy. Florida statute helps guide the path for the procedures for landlords on what they need to do and when they need to do it in order to pursue a claim on a security deposit. To learn more about security deposits, click here to contact an attorney.

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Why Due Diligence Matters When Renting Property

Bill Makris — Wed, 31 Jul 2024 11:00:02 +0000

As we make our way through summer and the CDC’s eviction moratorium, which is set to expire on July 31, 2021 (as of July 20, 2021), it is important to remember that, as a landlord, to always do your due diligence when renting a property to a potential tenant. By conducting due diligence when screening potential tenants, it can help ensure that the tenant will occupy the property without any major issues and it can help reassure the landlord that the tenant will pay their rent.

There are many different ways a landlord can perform their due diligence when screening a tenant, however the most common method is by using the internet. The internet contains a massive amount of information regarding each and every one of us and can help reduce the time it takes to screen a tenant. Things that can be found that would be beneficial to a landlord could be prior evictions, judgments, criminal and civil cases against the tenant, potential assets, and so on. For example, Larry the Landlord is looking to rent out a unit in a commercial plaza and posts a listing on Facebook Marketplace. Taylor the Tenant sees the ad and decides to reach out to Larry to rent the space because she believes the space will help her business. Larry then takes her information and looks her up and saw that Taylor has three prior evictions within the past five years and she has two prior cases of fraud. By conducting his due diligence when screening Taylor, Larry was able to see that Taylor would have been a nightmare tenant because she has gone through the eviction process three times which indicates that she may know how to delay the eviction so she can remain in the property. Additionally, she had two cases of fraud against her which could indicate that she may forge a check to pay rent.

In conjunction with using the internet to look up information about a potential tenant, a landlord may also want to speak with a tenant in person. When a landlord does this, they can see how a tenant acts towards certain situations and they can get a “vibe” from the tenant. For example, after Taylor inquired about the space for rent, Larry and Taylor met at the space so she can check it out. Larry started asking Taylor questions about her and her business. However, when Larry started asking Taylor about prior evictions, her attitude changed and she was attempting to dodge the question and she was not able to look at Larry directly when answering the questions. From this action by Taylor, Larry knew something was off and he performed his due diligence and found the prior evictions and fraud cases.

Another method that a landlord may use while performing due diligence when screening a tenant is to hire an attorney who specializes in landlord tenant law or a company who can perform background checks on individuals. Generally, attorneys and companies who perform background searches are able to obtain information about a tenant that a landlord would need to make an educated decision to rent to a tenant. An attorney in addition to finding the information will be able to analyze the information to inform a landlord about potential risks from the information that is found.

Additionally, the same goes for potential tenants when looking to rent space from a landlord. Although this is not common, tenants should do their due diligence when renting a space from a landlord. This may include getting as much information from the landlord about the property, seeing if they act in a sketchy manor when asked certain questions, or even researching how many evictions the landlord has been a part of. For example, Patrick the property owner is looking to rent one of his houses. Tarra the tenant reaches out to Patrick about the house and they schedule a time to meet. Upon Tarra and Patrick going through the house, Tarra notices that the walls in the closet where the water heater sits are stained, and the surrounding floors do not feel right. After Tarra notices this, she then asks Patrick about the damages and he simply replies, “it gets like that when there is a lot of humidity” and tries to quickly change the subject. The photos on the listing do not show these damages to the property. By asking questions, Tarra was able to avoid renting a property with problems from a sketchy landlord.

At the end of the day the landlord’s objective is to make sure they are getting a return on their investment. In order to help accomplish this, a landlord should always do their due diligence when looking to rent to a new tenant, including but not limited to researching the tenant for prior evictions and judgments and taking the time to speak with potential tenants. For assistance with performing due diligence on a tenant or a landlord, click here to contact an attorney.

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A General Overview of the Eviction Process for Possession of Property

Bill Makris — Sun, 07 Jul 2024 11:00:00 +0000

If you are someone who is buying their first rental property or if you are a fairly new landlord, one of the things you will most likely encounter is having to evict a tenant. When it comes to evicting a tenant, Florida requires landlords to go through the Courts for an eviction. Landlords in Florida are not allowed to use self-help methods when evicting a tenant. Below is a general overview of the eviction process for residential evictions for possession only, and is only meant for general informational purposes.

The first step when going through the eviction process is when the landlord sends written notice to the tenant. Depending on the reason for starting an eviction, the landlord must send a 3-day, 7-day, or a 15-day notice to the tenant. The 3-day notice is used when the tenant fails to pay rent. This notice gives the tenant 3 days to pay the rent or to vacate the property. Weekends, holidays, and the date the notice was posted are not counted. For example, if a landlord posts a 3-day notice on a Thursday and there is a holiday on the following Monday, then the three days that are counted are Friday, the following Tuesday, and then Wednesday is the third day. After the third day then the landlord can continue with the eviction.

A 7-day notice is required when a tenant has violated the lease. This notice gives the tenant seven days to cure or to fix the problem. If the tenant does fix or cure the problem, then nothing else happens and the eviction process is stopped. However, if the problem occurs again within twelve months, then the landlord can issue a second 7-day notice without giving the tenant the opportunity to cure or fix the problem. Lastly, a 15-day notice is required if the tenancy is month to month. The landlord is required to give fifteen days of notice prior to when the rent is due. It is vital to ensure the notice requirement is adequately met or else it can raise problems down the road resulting in a Judge dismissing the lawsuit and requiring the landlord to start over again.

If a tenant refuses to leave the property after the proper notice was provided, then the second step is to file and serve the complaint and summons. The complaint is the lawsuit that is filed against the tenant for possession of the property and the summons is filed and served along with the complaint which tells the tenant what they need to do. If a landlord owns the property as an entity, then the landlord is required to retain an attorney to go through the eviction process in Court. Florida law states that an entity is not allowed to defend itself in the court of law. The same goes for if a tenant is renting a property under an entity. It is important that the complaint and summons contain the required information, if it does not then a Judge can dismiss the eviction. Additionally, in Florida, landlords are not allowed to serve the tenant with the complaint and summons and must retain a process server to serve the tenant(s).

After the complaint and summons have been filed and served unto the tenant, the third step is that the tenant has five days to respond to the complaint. The five days is calculated the same way as a 3-day notice is calculated, weekends, holidays, and the day the tenant was served do not count. The different ways a tenant can respond is by filing an answer to the complaint or filing a motion to determine the amount of rent to be paid. If the tenant files an answer or a motion to determine rent, then the eviction is paused and the landlord’s attorney takes over if the landlord is a pro-se plaintiff, meaning he represents himself. When a tenant files their response, they are required to send a copy of whatever they filed to the Plaintiff. Additionally, tenants are still required to pay rent into the court registry during an eviction proceeding.

The fourth step can be any of the following: (1) the Judge can enter a default judgment, or (2) the Judge can schedule a hearing. If the Judge enters a default judgment against the tenant, then the landlord would move for final judgment and obtain a writ of possession. If a hearing is scheduled, then the parties get together in front of a Judge to present their case. If the tenant does not show up to the hearing, then the landlord automatically wins the case, but if the tenant shows up and loses their case, then the Judge will render judgment for possession to the landlord.

The fifth step is when the actual eviction takes place. After the litigation ends, the Court will issue a Writ of Possession which gives the tenant their final notice that they must vacate the property within twenty-four hours. When the Writ of Possession is issued, the sheriff posts it on the property and then coordinates the final walkthrough with the landlord or the landlord’s representative(s).

It is important that a landlord follows the correct steps in order to have a successful eviction. At the end of the day, if a landlord must go through the eviction process, they will want it to go as quickly as possible in order to avoid a longer delay. Retaining an attorney can help expedite this process and can ensure that the correct actions are taken to make the process go as smoothly and as quickly as possible. To contact an attorney click here.

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The Importance of a Well Written Lease

Bill Makris — Mon, 01 Jul 2024 11:00:16 +0000

Today marks the first day of July and as the Greeks would say, Kalo Mina, which means Happy Month! As we are in the midst of Summer, this is the time when people look to move into a new home, whether it is for school, work, or just wanting to explore a new city. With more people moving to new places, the question you should be asking yourself is, do I have a well written lease? As a landlord who bought their first rental property or if you are an experienced landlord with many properties who has been a landlord for years, it is always important to have a well written lease that is catered to your needs and to the specific property. The two main types of property that a landlord would rent to a tenant are residential and commercial. A few examples of residential property are houses, townhomes, apartments, or condos whereas a commercial property could be plazas, warehouses, office buildings, vacant land, or apartment buildings.

In Florida, the lease is what governs the tenancy, so long as it does not conflict with Florida Law. For residential leases, if a prohibited provision is included in the lease, that provision will be void and unenforceable pursuant to Florida Statute §83.47. In a residential lease a landlord will want to spell out each parties’ duties under a written lease so there is no confusion. Additionally, the duties under a lease for a house may be different than an apartment due to the physical differences. For example, Larry the Landlord (“LL”) rents a house to Terry the Tenant (“TT”). In the lease there is a provision stating that TT is responsible for the maintenance and upkeep for the below-ground pool. TT is therefore responsible for the maintenance and upkeep for the below-ground pool. Additionally, if LL leased an apartment to TT instead of a home, that provision would not make sense to include in an apartment lease due to there being other tenants that will be using the pool.

By including each party’s duties under a written lease, it will also help in the event of an eviction. For example, LL leased his house to TT for one year and one of the provisions in the lease states that TT is to remove all of their garbage in a clean and sanitary manner. About four months into the tenancy TT accumulates so much garbage that it started to attract racoons, rats, and other rodents causing problems for the surrounding houses. Since TT breached the lease by failing to remove his garbage in a clean and sanitary manner, that could be grounds for an eviction and it could make the eviction go a lot smoother for LL. If the lease was oral or if the duties are not written in a lease, a judge may give the tenant the benefit of the doubt and the eviction may fail.

Commercial leases on the other hand have more freedom in dictating each party’s duties and responsibilities. Unlike a residential lease, commercial leases do not have limitations on provisions that can be included in the lease. This is why commercial leases generally put the burden on the tenant to maintain and upkeep the premises in addition to covering all the expenses for the property. When drafting a lease for your property, it is important to ensure the lease is catered to the specific property and has the proper provisions for the specific tenancy. A lease for a commercial office building will contain different provisions than a vacant piece of land. Additionally, the lease for a commercial property that has living units on the property will be different than the lease between the individual living in one of the units on the commercial property and the landlord or tenant. For example, LL leases a commercial building to TT so TT can run his business. The commercial property is zoned for mixed commercial and residential use and it also has two apartments that can be rented out. The lease between LL and TT will be for a commercial property while the lease for the two apartments will be a residential lease.

When it comes to drafting a lease, one place a landlord will go for help will be the internet. Although some landlords may think this is a smart and cost-effective way to draft a lease, it is unfortunately not the case. The purpose of a lease is to spell out the duties and obligations of the parties and to protect each party by stating what they must do under the lease. Many of the forms on the internet have generalized legal jargon that are not state specific, which means that the form lease can contain provisions that are applicable to other states that contradict Florida Law, and they are written in a way that a reasonable person cannot understand what the lease says. Additionally, the lease forms found on the internet are usually not catered to a specific property type. For example, a lease found online may state it is a “Commercial Lease” however it may have the barebone basic provisions that are found in a commercial lease for an office space, which would not be suitable for someone renting commercial property that is not office space.

It is always the best option to go to a professional to have them draft a lease for the landlord to ensure that the lease complies with Florida Law and that both parties can understand what is written in the lease. In the end, when it comes to renting properties in Florida, the lease is the most important aspect of the tenancy and it is always best to have a written lease instead of an oral lease and to hire a professional to draft a lease for an upcoming tenancy to prevent problems that may arise down the road.

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Sublease v. Assignment

Bill Makris — Sat, 15 Jun 2024 11:00:22 +0000

When it comes to renting a property, it is important to know the differences between a sublease and an assignment regardless of if you are a landlord or a tenant. During the course of a leasehold a landlord may encounter a tenant who may either try to assign the lease to someone else, or they may try to sublease it to another person. Generally, a tenant is allowed to sublet their leasehold to another person with consent of a landlord, unless otherwise spelled out in the lease.

Starting with a sublease, a sublease occurs when a tenant transfers anything less than his entire interest in the leasehold. One way this can happen is when the tenant gives another person the right to occupy a portion of the property for a specific period of time. Generally, a tenant is allowed to sublet their leasehold to another person as long as the tenant has written consent from the landlord. However, the lease could dictate whether subleases are allowed. When a tenant sublets his leasehold to a sublessee, the tenant is still liable to the landlord under the lease for the sublessee’s actions. For example, Larry the Landlord (“LL”) rents out a condo to a college student, Terry the Tenant (“TT”), from January 1, 2020 to December 31, 2020. During the leasehold, TT decides that he does not want to take classes in the summer and decides to move back home. After TT gets written consent from LL to sublet the condo, TT sublets to Sam the Sublessee (“SS”). While SS is occupying the condo, he decided not to pay rent. When LL did not receive the rent, LL notified TT of the overdue rent and demanded payment from TT. This is considered a sublease, and not an assignment, because SS’s interest in the condo reverted back to TT after the summer months, keeping TT and LL in privity of contract. Usually a sublessee does not have privity of contract nor privity of estate with a landlord.

Next, an assignment is when a tenant transfers the entire interest under a lease to the assignee. When this happens, the assignee has both privity of estate and privity of contract with the landlord. This generally means that the assignee steps into the shoes of tenant. For example, LL leases a condo to TT from January 1, 2020 to December 31, 2020. After six months into the leasehold, TT decided to drop out of college and pursue his dream of being a world famous chef. Since TT did not have any use for the condo, TT and LL agreed that TT can assign the lease if he can find a new tenant to take over TT’s lease and LL will release TT upon assignment to a third party. TT then assigned the remainder of the lease to Artemis the assignee (“AA”), and TT moves his belongings out and vacates the property. Here, AA steps into the shoes of TT which abolishes TT from liability for whatever actions AA does because AA took over the lease from TT, TT does not occupy the property, and LL agreed to release TT from upon assignment to the third party. Although in this scenario TT was not held liable for any damages or back rent, it is still possible TT could be held liable. If the landlord does not agree to release the tenant from the lease upon an assignment to a third party, the tenant may be on the hook for damages caused by the assignee.

Although it can get tricky whether an assignment or a sublease is taking place, courts generally use two methods to determine whether a transfer is considered a sublease or an assignment. The first is to examine the substance of the transaction to determine whether the tenant has transferred her entire interest in the leasehold and the second is to examine the intention of the parties. By applying these methods it can help clear up whether a transfer was intended as a sublease or an assignment as well as helping a landlord, tenant, sublessee, or assignee get a better idea of who can be liable depending on the situation. Additionally, it is also important for landlords to include provisions in their leases regarding subleases and assignments to help clear up any confusion that may arise on the issue.

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Understanding The Different Leasehold Estates

Bill Makris — Mon, 10 Jun 2024 11:00:46 +0000

When it comes to renting a property, there are different forms of Leasehold Estates. It is important to know the difference between the different forms of Leasehold Estates not only as a landlord but as a tenant as well. In order to establish a tenancy, a tenant must have a Leasehold. A Leasehold is an interest in real property held under a rental agreement by which the owner gives another the right to occupy or use land for a period of time. Once a tenant has a Leasehold, then a Leasehold Estate, also known as a tenancy, is formed after the tenant takes possession of land or property. The four different types of Leasehold Estates are:

1. Term of Years

2. Tenancy at Will

3. Periodic Tenancy

4. Tenancy at Sufferance

Starting with the first tenancy, Term of Years, which is a possessory estate that lasts for some fixed period of time. This means that it has a start date and an end date. Although it does not have to be for multiple years, it does have to have a specific time on a calendar. For example, if Larry the Landlord (“LL”) enters into a lease agreement with Terry the Tenant (“TT”) starting on January 1, 2020 and ending on December 31, 2020, LL and TT have a Term of Years tenancy. If the lease agreement does not have a start or end date, then the tenancy is not considered a Term of Years tenancy.

If the tenancy does not have a start date and an end date, then it is a Tenancy at Will. This kind of tenancy has no fixed period of time and endures so long as both landlord and tenant desires. The term can be in years, quarters, months, weeks, or even days. Generally a Tenancy at Will is not memorialized in writing due to its flexible nature. For example, if TT is in the process of building a home, he most likely would want to rent a home nearby as a Tenancy at Will until TT’s home is built. By having a Tenancy at Will, TT is able to rent a home to live in while his home is being built and would only need to provide the appropriate amount of notice before vacating the property, thus giving TT the flexibility he needs for his situation. Additionally, if LL is currently renting to TT and LL is considering selling his property, LL may want to create a Tenancy at Will, which would give him the flexibility to sell the property and give TT the required notice to vacate the property. Further, if death occurs to either party, that will terminate this type of tenancy.

The next kind of tenancy is a Periodic Tenancy. A Periodic Tenancy occurs when the landlord and tenant have already entered into a lease agreement with a fixed duration, meaning the lease had a starting date and an ending date, and continues past the fixed duration. When this happens, the period is extended automatically, whether it is year to year, quarter to quarter, month to month, or week to week. In order to terminate this type of tenancy, the tenant or landlord must provide the required amount of notice. Pursuant to Florida Statute, if the tenancy is year to year, then a minimum of 60 days is required. If the tenancy is quarter to quarter, then a minimum of 30 days is required. If the tenancy is month to month, then a minimum of 15 days is required. Lastly, if the tenancy is from week to week, then a minimum of 7 days is required. Unlike a Tenancy at Will, death of either party does not have an effect on this type of tenancy nor a Term of Years tenancy.

Lastly, the final tenancy is Tenancy at Sufferance. This is also known as the Holdover tenant. This type of tenancy occurs when a tenant remains in possession after the termination of the tenancy. When this type of tenancy occurs, the landlord has multiple options. The landlord may either evict the tenant for possession plus damages, or the landlord may consent to the creation of a new tenancy. For example, TT is renting a house from LL from January 1, 2020 until December 31, 2020 and LL gives TT the required notice that the tenancy is terminated upon expiration of the term and TT stays in the property and refuses to leave, LL is now able to either evict TT for possession of the property plus damages, or LL can let TT stay in the property. If TT stays in the property, pays rent, and LL accepts the rent, then TT goes from being in a Tenancy at Sufferance aka a Holdover Tenant to a Periodic Tenancy or a new term will be created.

Whether you are a landlord or a tenant, it is important to know the different kinds of Leasehold Estates that are used when renting a property. Understanding the differences between the different kinds of tenancies and the requirements that are associated with each can be beneficial to both landlords and tenants.

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What Is A Motion to Determine Rent And How Is It Used As A Delay Tactic?

Bill Makris — Wed, 22 May 2024 11:00:44 +0000

Your tenant is behind on the rent and fees for multiple months, you finally decide to retain Makris Legal, P.A. to start the eviction process to remove the tenant from the property. The Complaint has been filed, the tenant has been served with the Complaint and the issued summons, and now we have to play the waiting game. But wait, what is that showing up on the Docket? It appears that the tenant has filed a Motion to Determine Rent. What is this exactly and what does it mean for your case?

After a 3-day notice is served on the tenant and they fail to pay the amount stated in the 3-day notice, the eviction action is commenced. After the tenant is served with the eviction action, the tenant is required to file an Answer to the Complaint, or they can file a Motion to Determine Rent. This essentially asks the Court to decide how much rent is owed, if any, and how much needs to be deposited into the Court Registry. When this motion is filed it will more than likely trigger the Court to set a hearing date.

What is required in a Motion to Determine Rent? According to Florida law and the local Florida Courts, a Tenant must file a Verified Motion to Determine Rent and provide documentation supporting the allegation that the rent alleged in the Complaint is “in error”. The Tenant is required to immediately pay into the Court Registry the amount of rent that is undisputed. Once that is done and the Court sets a hearing date and time, the Court will hear the facts from both sides, review the supporting documentation, and make a ruling on how much rent is owed into the Court Registry.

For example, the Landlord is evicting Tina the Tenant. Tina does not agree that she owes $2,000 in rent to Larry. After Tina receives the Complaint and the issued summons, Tina files a Motion to Determine Rent and alleges that she in fact has paid $1,000 and she only owes $1,000 and attaches a receipt as an exhibit to her Motion. At this point, the Court will more than likely schedule a hearing date and time and Tina is required to pay $1,000 into the Court Registry before the hearing.

However, most of the time when a tenant files a Motion to Determine Rent, they are almost always legally insufficient, but the Courts still end up scheduling a hearing date. For example, the tenant will not file supporting documentation or they will only write on the motion “I want the Court to determine how much rent I owe”. For example, Tina the Tenant filed a Motion to Determine Rent after she received the eviction action against her. In her motion, she only wrote “I do not believe I owe this much money to Larry the Landlord; I want the Court to determine how much I owe” and nothing more. No documents attached to show how much she alleged she paid or is actually owed, nothing. In this scenario, the Court should strike down the Motion for being legally insufficient. Unfortunately, many Courts will not strike the Motion and it will end up going to a hearing.

So, what ends up happening when a Tenant files a Motion to Determine Rent? Most of the time the Court will set a hearing, regardless of if the Motion is legally sufficient. When this happens it turns into a delay tactic that a tenant uses in order to kick the proverbial can down the road and remain in the property for as long as possible. With the Courts being so backed up due to the COVID-19 pandemic, hearing times are hard to come by and can sometimes take over a month or two to schedule (depending on the jurisdiction and Court).

If the Tenant fails to deposit the amount stated in the Rent Order issued by the Judge in a timely manner, then the Judge will likely sign a Final Judgment against the Tenant and the eviction action will proceed to completion, without any further hearings. However, if the Tenant deposits the money into the Court Registry, then the eviction action will be scheduled on the Judge’s docket for trial. As mentioned above, due to the Courts being so backed up it could take up to a few months to get a hearing date. Do you have a tenant that you are trying to evict but they are delaying the eviction? If so, click here to reach out to an attorney to assist you in removing that tenant.

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