Unauthorized tenants in a rental property can create serious problems for landlords. Landlords must follow specific steps to handle these situations properly. Acting within the law is essential to avoid violating tenant rights while protecting the property.
Review the lease agreement
Landlords should start by reviewing the lease agreement, which usually states who can legally live on the property and sets occupancy limits. If unauthorized tenants are present, Florida law allows landlords to address the issue by enforcing the lease terms. A well-drafted lease serves as the first line of defense against unauthorized occupants and helps landlords determine their legal options.
Communicate with the tenant
Landlords should communicate with the tenant, as unauthorized tenants may result from misunderstandings, like an overstaying guest. A polite but firm discussion can often resolve the issue. It’s important to follow up in writing on any verbal agreements or changes to create a clear record.
Serve a notice of lease violation
If communication doesn’t resolve the issue, the next step is to serve a notice of residential lease violation. In Florida, this notice must clearly state the violation, such as ‘unauthorized tenants,’ and give the tenant a seven-day period to resolve the issue.
If the violation happens again within 12 months, the landlord can proceed with termination without offering another chance to fix it. For serious violations, Florida law allows for an immediate seven-day notice to vacate, but unauthorized tenants typically don’t qualify unless causing significant harm.
File for eviction if necessary
If the tenant doesn’t comply with the notice, landlords may need to start eviction proceedings. This involves filing an eviction complaint with the county court and notifying the tenant. The tenant has five days to respond. If they don’t respond, the landlord can request a default judgment.
If they do respond, the court schedules a hearing where both sides present their case. If the court rules in favor of the landlord, the tenant has 24 hours to vacate.
Protect your rights as a landlord
Handling unauthorized tenants requires careful attention to detail and a commitment to following the proper procedures. By approaching the situation thoughtfully and adhering to the law, landlords can effectively manage their properties and maintain a positive rental environment.
