Florida evictions laws are in place for a landlord’s legal ability to evict (expel someone from a property, especially with the support of the law) based on a breach of lease for nonpayment of rent. A landlord may evict a tenant for something other than nonpayment of rent under one of two scenarios, either the tenant commits a “non-curable breach” or a “curable breach.”

What is A Non-Curable Breach?

The tenant would have committed a breach that is “non-curable” under Fla. Stat. 83.51(2)(a) “[e]xamples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance.” In this scenario, eviction is relatively straightforward. The tenant breaches the lease in a non-curable manner, and the landlord sues for eviction after filing the requisite notice.

What is A Curable Breach?

The tenant would have committed a breach that is “curable” under Fla. Stat. 83.51(2)(b) “[e]xamples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.” If, after the landlord provides notice of such breach, the tenant either: 1) fails to rectify the breach within seven (7) days after written notice as received by the tenant; or 2) if the noncompliance reoccurs within 12 months, the landlord may terminate the lease and sue for eviction.

Talk to Our Florida Evictions Attorneys

If you or someone you know is currently involved in a landlord-tenant dispute, it is important to contact an evictions attorney at Woodward, Pires & Lombardo, P.A. to assist you and keep you informed of the updates in the law.

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