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Florida Eviction Law WHY YOU MUST FILE AN EVICTION PROCEEDING IN COURT

I often hear from landlords who want to “immediately” remove a tenant from their property for non-payment of rent. Often the landlord has been exceedingly patient, having received no rent for weeks, even months. Sometimes the landlord was patient because the tenant lost a job, or a family member passed away. Other times the landlord was patient because the tenant had medical bills that were unforeseen. In every case, the landlord feels hurt, angry, and taken advantage of. The only reward the landlord receives for their kindness is having to pay the mortgage on the rental property without receiving any rent! While I can sympathize with the anger and frustration in this situation (I own rental property too) I must warn you, if you don’t follow the law regarding evictions, not only will you not collect your past due rent, but you might also be writing a check to the tenant and/or a good lawyer to get you out of trouble! The following are only a few examples of unlawful evictions according to the Courts in Florida. 1) Removing the tenant’s personal property and placing it upon the street, unless this is done under the supervision of the sheriff, acting under a court ordered writ. 2) Changing the locks to prevent the tenant from having access to the premises. While the two examples above may be very obvious, there are other things a landlord can do which, if done, would violate the law. One landlord asked me if it was alright to enter upon the premises to remove all the appliances in the house. Another landlord asked me if it was okay to remove the front door from the house. Yet another landlord asked me if it was okay to have the utilities disconnected because the tenant had failed to pay for the utilities that were in the landlord’s name. My advice is NO, NO, and NO! If you try any of these actions you could very well end up, not only having to keep the tenant instead of evicting them, but also paying punitive damages for your intentional interference with the tenants right of possession outside of the court process. (See especially Albert Properties, Inc. v. Watkins, 143 Ga.App. 184 (1977). Landlords who have violated the rules have attempted to “explain away” their actions by stating that the tenant “violated the rules first” by not paying rent, or some other breach of the lease. While it may make you feel good, blaming the tenant for causing your unlawful actions will not work. “It is fundamental that the landlord cannot evict as and how it pleases and in the process damage or lose the tenant's personal property and then obviate its negligence by proving the tenant had violated the lease terms (the grounds for eviction), for then there would be no such thing as a cause of action for unlawful eviction.” Kerlin v. Lane Co., 165 Ga.App. 622 (1983). The courts have even held that a landlord that authorizes or acts in a way which intimidates the tenants into “voluntarily” leaving, even though the landlord did nothing to physically interfere with the tenant’s possession, are subject to paying damages to the tenant. (See Sinclair Refining Co. v. Stovall, 41 Ga.App. 214 (1930).)

Florida Eviction Law: WHY YOU MUST MOVE FORWARD WITH EVICTION, EVEN IF THE TENANT LEAVES

Many landlords ask me if it is okay to stop the proceeding once the tenant has “abandoned” the property. There are several reasons why I advise landlords to move forward. First, unless you move forward you will not be able to obtain a money judgment against the tenant. Second, and perhaps more importantly (especially if you believe it will be impossible to collect a money judgment against the tenant), there is a possibility that the tenant could come back and claim you unlawfully evicted them! Suppose you file the paperwork with the Court. The sheriff goes out to the property and serves the tenants with the proper paperwork. The tenants do not respond to the court paperwork but instead, apparently move out of the property. Assuming that they did not return the keys, and, they do not remove all of their personal property from the premises, you CANNOT re-enter the premises, even if they only leave behind a few old clothes and an (apparently) broken television. If you were to remove these items from the premises without a writ (court order), and without properly executing that writ under the supervision of the sheriff’s department… you’ve just accomplished an unlawful eviction! Of course I understand that, 9 times out of 10, the tenant may not ever come back, but if they do you’ll be very sorry. Another reason to move forward, assuming the tenant was either served personally, or that the tenant responded to the papers by filing a response with the court, is so that you can obtain a money judgment. The courts will very likely award you all of the back due rent you claim, plus court costs in every case. Courts are a little more selective about awarding late fees and/or attorney’s fees. Most courts will allow late fees if they are simple to understand (i.e. $100 after the 5th of the month), AND they are reasonable (i.e. less than or equal to 10% of the monthly rent). Courts will generally also award attorney’s fees if the lease is properly written, and you hired an attorney. Feel free to call my office if you have any questions. We’ll be happy to discuss your specific situation without obligation, free of charge.

Florida Eviction Law Many people today are making the choice to rent homes or apartments instead of actually buying them.

Unfortunately for many renters, they do not actually understand much of the paperwork they have to fill out before they can rent a home or apartment. There are various forms that are used in a landlord and tenant agreement, and it is important that both parties signing these forms have a good understanding of them. Whether you are a new landlord or investor getting ready to rent out your property, or you are a tenant renting your first home, apartment, or office space, familiarity with these forms can be very helpful. Rental Application One of the most important forms for both the landlord and the tenant is the rental application. This application is used so landlords can screen their applicants and decide whether or not to rent the property to them. One of the things included on this form is authorization for the landlord to do a credit check on the prospective tenant. Landlords always have to have permission to run a credit check before doing so. Usually, there is an application fee associated with the rental application as well to cover the cost of verifying information and running a credit check. Personal information is also asked for on a rental application such as your name, age, birth date, drivers license number, social security number, current address, previous addresses, and your employment information. Some forms may also ask about your debt, bank accounts, references, whether you own pets, and if you smoke as well. Apartment Rules and Regulations Another important form that is often used between landlords and tenants is the apartment rules and regulations forms. These forms usually have a list of rules and regulations that tenants are expected to follow while they are renting property from the landlord. Most landlords ask that tenants sign a form saying that they have read and understand these rules and that they agree to abide by them. This allows landlords to option to instantly terminate a lease with someone who breaks the rules on these forms. Tenants need to be sure that they read these rules carefully and that they have a copy for reference purposes.

Florida Eviction Law; Disclosure Forms

Landlords are required to give out disclosure forms for known things, such as lead paint, that is in their rental properties. In the case of lead paint, usually these forms have to be used if your property dates back before 1978. It is important that you give tenants these disclosure forms before they sign the lease, or you may end up being sued later. There are also booklets about the hazards of lead paint that can be given to tenants so they know what they are dealing with. Inventory Forms Another type of form that you may find used between landlords and their tenants is an inventory form. When landlords rent out their properties, many times they rent them with furniture or appliances included with the property. The landlord of course wants to make sure that all of the items that are originally with the property are still there when the tenant leaves. For this reason, an inventory form is used to list the various items already on the property and their condition as well. This allows landlords to be aware of what items should still be on the property when the lease is up. Inventory forms are very helpful to both the landlord and the tenant, since this will save the landlord from losing items they own and it will save the tenant from being accused of taking something that was never there in the first place. After the inventory forms have been filled out, both the tenant and the landlord should sign them after reviewing the forms together. Tenants should always beware of signing these forms if they have not actually seen the property themselves to make sure that all items on the forms are really there.

Florida Eviction Law: Eviction Notice

Another form that landlords may find themselves using occasionally and that every tenant hates to think about is the eviction notice. These forms are very important because landlords can never just throw their tenants out of the property without all kinds of negative legal ramifications. In order for an eviction to be legal, the landlord must go through the proper proceedings, starting out with an eviction notice. An eviction notice can be served for not paying the rent, for breaking one of the rules, or any number of other reasons. If the tenant fixes the problems addressed in the notice, then they can continue to live there, but if not, then the landlord has grounds to pursue the eviction. When tenants do not fulfill the requirements asked of them, then the landlord can go to court and file an eviction action against the tenant. It is also important to note that tenants can fight these eviction actions and have a specific amount of time to state their case as well. Landlords who are leasing out properties want to make sure that they are protecting their interests, and to do so, the use of various forms will be very important. Tenants also want to be sure that they go into a lease with all the information they need, and the forms filled out and given to them are essential as well. By understanding and using these various forms between tenants and landlords, both parties can ensure that they are adequately protected Tony Seruga, Yolanda Seruga and Yolanda Bishop of Maverick Real Estate Investments, Inc. work with builders, developers and other players in the commercial real estate industry to acquire and develop properties. They use progressive investment strategies that have proved extremely profitable. In addition to their own deals, they teach both seasoned and inexperienced investors how to be big players in the game. Visit the website for more info.

Florida Eviction Law There’s 3 ways a tenant can terminate their legal obligations to the lease during its term:

(1) You can terminate due to legal misconduct on behalf of the landlord (2) When the landlord legally replaces you with new tenants (3) And by an agreement with the landlord and the tenant An example of legal misconduct would be if the landlord does not maintain the premises it could be considered as legal misconduct. Some local/state laws give you the right to terminate any lease obligations if you (the tenant) have problems accessing his/her premises or if your premises have code violations you didn't know about you could terminate your lease legally. An example of number two when a landlord replaces a tenant with new tenants would be; if another tenant moved in and pays the full amount of the rent the first tenants obligation is terminated, ended, over. It's against the law for a landlord to collect rent from more than one tenant for the same premises. The landlord and tenant could at anytime end their lease obligations by a mutual agreement. It's not advisable to pay a deposit unless you’re signing the residential lease agreement form at the same time. Unless they refuse you based on race, color, age, sex, they can legally refuse to allow you to move in and take your deposit if you haven't signed a residential lease agreement form already. "Repair and deduct" what’s that? If the landlord hires a professional to repair damages on your home he/she can deduct the cost of the repairs from the rent paid to the landlord. It's against the law for the landlord to charge more than 1 month's rent for repairs.

Florida Eviction Law What is "constructive eviction?

Constructive evictions are when the inhabitable condition of your premises makes the property unsuitable to live.

Florida Eviction Law Most homeowners are acutely aware of the fact that the final step in the process of foreclosure will be the eviction. Although most are not exactly sure when the sheriff will remove them from their house and change the locks, it is probably the single greatest fear among foreclosure victims that they will be evicted with little or no warning at a randomly-determined time. But the actual legal process that banks must follow when repossessing a house has a number of steps that must be followed exactly. Homeowners should not be overly concerned with being thrown out of the house, but they must understand how the eviction process will proceed against them in the courts, and how they may be able to postpone or delay it.

A little-known fact is that these steps, which the bank must follow to evict a homeowner, are very often broken or violated. This can provide the foreclosure victims with reasons for the eviction to be delayed or stopped completely until the lender and its attorneys are able to follow the correct procedures. Because these are government rules and procedures, many of them contradict each other, as well, and their language is incomprehensible and boring, so many attorneys simply never read the actual rules. Every time they file a lawsuit, and every motion they file in regards to that lawsuit, may have violated numerous rules. But the bank, after the sheriff sale, will have to request that the court order the former owners and current unlawful occupants to be removed from the house. Usually all they would do is show that the title was transferred on the day of the sheriff sale, which establishes the new owner as having a legal right to determine who lives in the property. After the foreclosure victims have used all of their options to stop foreclosure with no success, and the sheriff sale has been conducted, the eviction process will usually begin very soon. This request that the bank makes to the court for an eviction order, though, is another opportunity that the foreclosure victims can use for their own purposes. The owners will always get a chance to respond to any motion the bank makes in court, and the bank's attorneys almost always violate some rule of procedure. There are simply too many of them to keep up with, with state-wide rules, county rules, and specific court rules, many of which claim to be in agreement with each other but are contradictory. Obviously, it is up to the foreclosure victims themselves whether they want to answer every motion the bank brings and drag out the process and increase the legal fees that will eventually be added to the total payoff, but most lenders and attorneys have little idea of what they are doing in court.

Florida Eviction Law The main adversary the homeowners will usually have to face when arguing that the lender has violated the rules of procedure is the court judge himself. Judges are frequently aware of the fact that no one can enter court without violating numerous rules, and they will do their very best to protect their lawyer friends from having to play by rules that lawyers have established. When dealing with homeowners in foreclosure, they would rather have the parties work out a solution outside of court, or simply order the house to be sold at sheriff sale, thereby earning their part of lawsuit fees. Making sure that everyone follows written rules and guaranteeing that homeowners receive a fair and meaningful hearing are the last things they care about.

Thus, homeowners have two main options when faced with a possible eviction. First, they can try to work out some deal with the bank, either for more time to stay in the property until they move out, or to purchase the property back somehow but continue living there until they have accomplished this. Or, the former owners may want to argue against the bank in court and point out the numerous rule violations that have occurred. This usually results in the judge allowing the bank and its attorneys to violate these rules, but may be grounds for an appeal and a stay of the eviction order until the appeals court process is over. Either way may buy the homeowners more time to save their homes or move out with the best chance of a quick financial recovery.

Florida Eviction Law Sometimes, tenants cause problems. While every landlord hopes that each of her tenants will comply with the rules, pay their rent in a timely manner and not bother others, problem tenants can make their life a nightmare.

When this happens, a landlord has a few different options. Most landlords usually speak to the tenant in question in the hopes of encouraging a change in the unacceptable behavior. But, when that's no longer a viable solution, more drastic measures may be required. Evicting tenants is never pleasant, but it may be necessary. Below, you'll learn about a few circumstances in which tenant eviction may be the only way to resolve the problem. When Rent Goes Unpaid Often, tenants will miss rental payments. This may be due to neglect and forgetfulness. But, it can also be intentional. When rent goes unpaid, it puts a landlord in a difficult position. The rental income may be critical to the landlord. If the tenant is evicted, it may take time to find another renter. Many landlords prefer to issue a reminder when rent is unpaid. Eventually, if subsequent rental due dates pass without payment being made, starting the tenant eviction process may offer the best solution. When The Lease Agreement Is Violated Most landlords require that renters sign a lease agreement. The agreement stipulates what can and cannot be done on the grounds of the rental property. Whether by negligence or willfulness, renters may violate the terms of the lease agreement. It may be an innocent mistake such as swimming in the pool after a certain time. Or, a renter may be disorderly and repeatedly play loud music late at night. Some violations are more serious than others and can lead a landlord to begin evicting tenants who are unruly.

Florida Eviction Law: When Other Tenants Are At Risk

Every landlord wants her tenants to get along and not pose a risk to each other. Unfortunately, a problem tenant can be socially disruptive and even expose other tenants to physical harm. The issue may be a result of repeated negligence (such as leaving glass bottles near a facility pool). Or, it can intentional (for example, physically assaulting other tenants). Landlords often choose to evict such tenants even if the problem is resolved.

Florida Eviction Law: Evicting Tenants In Court

Ideally, when Evicting tenants, a problem renter will simply leave. However, tenant eviction cases occasionally land in court. This is the reason that landlords should always keep good records when dealing with renters. If there is a problem regarding payment of rent, violations of the existing lease agreement, or risk to other tenants, documentation is critical. A landlord who comes to court prepared with records showing the times and dates when warnings were issued to a tenant is more likely to win her case. While most tenants are pleasant, reliable and considerate, there are renters who lack all of those qualities. And though eviction shouldn't be the first action taken, landlords who are unfortunate enough to be saddled with a problem tenant have a potential solution available to them.

Florida Eviction Law The best way for landlords to ensure their tenants turn in their rent on time is by giving them clear notice of penalties that will be incurred if their payments are late.

Cities and states have legislation about how landlords may deal with late payments, so make sure you understand local rental laws before setting any terms or taking any action. Once you know the local legalities, formulate a policy for dealing with unpaid or late rent and include it in writing in all future leases. Whatever policy you set up, be sure to communicate it clearly in writing and hold to it steadfastly. Renters who see you give way once will likely try to get away with late or partial payments again and again. Plus word will get out of your "good deed." Worse, your kindness could hurt you in court later. Tenants may be Charged Late Fees for Late Rent or Bounced Checks When setting up a late fee policy, landlords need to know how much is appropriate to charge and when late fees can start being applied. As with any landlord-tenant policy, it is important to check local rental codes to find out if there are any limits to the amount a landlord may charge tenants for late payments or bounced checks. Typically, late fee amounts may be anywhere from ten to seventy-five dollars, so just remember to keep it reasonable. Some landlords enforce a daily increase on late fees, so if rent is not turned in by a certain date, the fee will increase every day until it is paid. Landlords should keep careful records of any late payments made. You may also send a notice to your renters reminding them about late payment penalties and keep a record of the notices you have sent in your tenant files. If someone continually fails to make rent payments on time despite continued notices and late payment fees, an eviction notice may be in order. Eviction is the Last Resort for a Landlord Seeking Unpaid Rent

Florida Eviction Law Try to avoid taking a tenant to court to resolve late payment issues, as it can be a time-consuming and costly endeavor.

If you have a dispute with a renter, you may try involving a local mediator who can help both parties come to some sort of an agreement. Another option is writing a letter to your tenant to inform them that they may leave without owing you any more than the security deposit you already have, provided that they leave the property in good condition. Eviction Proceedings Can Be Effective If you have tried everything you can think of within your power and still your tenant delays rent payment, don't hesitate to start the eviction process. First, send them a notice of your intention to evict them if they don't pay immediately by registered mail. If you get no response or payment, begin eviction proceedings. A summons will then be sent to your renter. A court date will be set and a judgment will be made. If you win, the tenant will be forced to move out and you can then prepare your property for new renters.

Florida Eviction Law Homeowners in foreclosure are rightfully worried about not being able to save their homes and how quickly they will be evicted after the sheriff sale. Although the lender and various "experts" will threaten them with the sheriff showing up the next day to violently kick them out of the house, this is just not the case in foreclosure situation.

The county sheriff and the eviction crew will not show up the next day after the sheriff sale, and homeowners should ignore the fear-mongering that threatens this possibility. Owners should be aware of the implications of the foreclosure auction, though. The sheriff sale will transfer ownership of the property, and the foreclosure victims will not own the house after this point. But this does not mean that the eviction process will happen automatically right after the house is auctioned, as there are more steps that will need to be taken by the new owner. The high bidder at the auction will most likely have to have the sheriff sale confirmed (this is not a specifically detailed step in every state). This can take from a few days to a couple of weeks after the auction, depending on how quickly the courts and new owner act. But this is generally just a simple step in the foreclosure process after the sale that involves the sheriff and judge confirming the auction was for a legal amount and that the deed has now been awarded to the new owner.

Florida Eviction Law The new owner will most likely be the original foreclosing bank that the homeowners had been dealing with in the first place to stop foreclosure.

About 95% of foreclosures end up being purchased by the lender, rather than a third party. In order to evict former homeowners, the lender will have to request the court grant it possession of the property and order the county sheriff to evict any remaining people or personal items and change the locks. This is a legal process, though. Homeowners should not fear that a bunch of government thugs with badges and guns will show up at their house the day after the sheriff sale to kick them out. Of course, this is exactly what happens, but at a later date if the foreclosure victims do not move out in time. But the entire eviction process can take up to a month after the sale; throwing people out of their homes is not a simple process before or after a county auction. The court will have no problem ordering the eviction (unless the former owners go and try to contest the sale, eviction order, etc.), but the sheriff's department will have to give notice of the impending removal. This can be as little as posting a piece of paper on the property with three days notice to move. Thus, after the sheriff sale, former homeowners better be prepared to leave on their own or work out another solution.

Florida Eviction Law People facing foreclosure should not be overly concerned about being kicked out of a house with little notice.

The sheriff will not just show up the next day or a few hours after the sheriff sale, as there is still a legal process that must be followed for a bank to take back possession of a foreclosed property. Homeowners probably have at least two weeks to a month after the sheriff sale date to arrange for a new place to move into. In any event, homeowners are always encouraged to call the sheriff's department to ask them when then eviction will take place. Even more promising, they can also usually ask for a few extra days or a week in order to move everything out and give up the house peacefully. There is still a chance to negotiate with the local government for more time (courts and sheriff) so that the former owners are not taken by surprise by the eviction. Thus, the banks and government officials will not evict foreclosure victims right away after the auction, but there is no time to spare, either. Having a couple of weeks to move out can give people a chance to find a place and move in at their own pace, but even a month-long eviction process will go by very quickly. If in doubt, homeowners should contact their local government officials and ask about the eviction -- the courts or sheriff will be able to inform them of the date and try to work out the most reasonable solution. They want as little trouble after foreclosure as the former homeowners do.

Florida Eviction Law: Let’s face it - after you have received the rent and security deposit, and turned over the keys to the apartment, how often do you want to have to interact with your tenant?

Only once a month, I bet, to collect the rent, more often if there is a problem in the unit. Believe me, I bet that’s the only time your tenant wants to see you too, to give you the rent, or to call for a repair. Most tenants want to be left alone in their apartment; most landlords want to be left alone except when rent time comes around. So, an eviction by nature, is a traumatic experience for both parties. Someone could lose their home. Tempers will flare; stress will exist for the entire period of the lawsuit. Both landlord and tenant will go through a myriad of personality changes as the case progresses. Keeping your cool as the homeowner during the eviction process is very important. A cool head and a calm attitude could help prevent you from saying or doing things that could come back and bite you in court. By the time you have made the decision to evict your tenant, many unpleasant things have probably occurred. Not only are you frustrated, you are probably very angry that you have been forced to go through the eviction process. You have probably tried to work with the person or family several times before you came to the conclusion that it was time for the landlord and tenant relationship to come to an end. But, the tenant will not leave on his or her own. This will make you angry, a natural response from one who has invested years of mortgage payments on the property. Look at an impending eviction as a rite of passage that every landlord will experience at least once in the lifetime of owning property. It should be done with objectivity and not emotion. You should not want to evict a tenant because you are “tired of looking at him”, or because every time the two of you talk, he or she grates on your nerves. Just because the two of you are in business together, it doesn’t mean you have to like one another. The tenant, regardless of all the other things about him or her, is helping to pay your mortgage and bills. An eviction is too expensive to use as a way to get rid of someone who is aggravating to you. Of course, if the tenant's behavior is more than aggravating, or bordering on chronic harassment, then eviction must be considered. Your tenant is supposed to pay the rent, follow the lease, leave other people alone, obey the law, and keep up the apartment and the common areas. Your responsibility as a homeowner is to collect the rent and use it to 'cut the grass', pay the property expenses, maintain the property, and make sure everyone follows the lease. This really is the extent of your relationship with each other.

Florida Eviction Law

1. The first thing a homeowner should remember is: Do not to expect your tenant to like you. Owning housing is not a popularity contest. You are the person with whom they have to interact at least once a month to conduct business. Unlike paying the car note or a credit card, they may have to see you to pay their rent, in most cases. Don't be upset if the tenant is curt or short with you because you ask for the rent. Be concerned if the rent is not paid on time. Do write down any conversation you have with the tenant regarding promises made, or payment plans put in writing by the tenant. 2. Second, never lose your temper with a tenant. There will be times when a tenant will make a request or series of requests that will drive you crazy. A tenant may ask you, for example, to replace a $3.00 kitchen sink stopper. A tenant may give you a sarcastic or nasty response to your request for the rent. If you are having a bad day, you may say or do something you will later regret. The tenant, to your detriment in court, could repeat that nasty comment said in the heat of anger. Keep a professional demeanor when dealing with your tenants. 3. Keep your perspective during the eviction. It’s not personal, it's not life or death, just a legal business process. Depending on the reason, an eviction could take weeks, if not months until it is completed. You will still have to interact with your tenant throughout the case. It doesn’t make sense to be rude or offensive during that time period. If you spend all of your eviction time angry, it will be a long case. 4. The third thing to remember is to separate your personal life from that of the tenant. This means that you should keep to your business, which is the management of your property, and out of the tenant’s personal business. This could be difficult if you have rented your apartment to a personal friend or relative. If you have, understand that you will have established two distinct relationships, one personal, and one business, all rolled up into this one tenancy. You may lose your friend as well as a tenant by the end of the legal action. 5. Make sure the eviction is based on professional, not personal reasons. For example, your tenant is late every month paying the rent. One month, you notice that the tenant has bought a brand new car, latest edition, with a sunroof. You become angry that the tenant can’t seem to pay the rent on time each month, but apparently he or she has the money to purchase a brand new car. You get even angrier at the thought that this tenant will probably pay their car note on time, but will still pay your rent late. 6. It’s none of your business how many cars your tenant buys, or how he or she can afford new furniture. It is your business to collect the rent on time each month. If you send an eviction notice each time that the tenant is late paying the rent, perhaps he or she will make different decisions about prioritizing their bills. If you make rent collection your priority, you will not become angry or obsessed about the new items your tenant buys. Keep to your business as a homeowner every month, and what the tenant purchases won’t matter much to you in the long run. In summary, the eviction process is one part of the business of owning real estate. It is not a popularity contest, but a series of decisions, fact-findings, written and/or video documentation, and the implementation of state laws, all of which have to be presented before a judge. Keep your emotions out of it, keep to the letter of the Law, and your eviction case will have a good chance of being won.

Florida Eviction Law One of the biggest issues real estate investors face with rental income property concerns tenants. Naturally, you always hope you can fill your apartment or other investment property with good tenants that pay the rent on time and act in an orderly fashion, but this is not always the case. Unfortunately, there are times when you must evict the tenant.

Before we look at three causes that enable legal evictions in most states, however, let's consider a list of unit conditions that may be considered the tenant's responsibility. Tenant Responsibility Tenants should keep the unit clean and safe. A tenant should be expected to have some cleaning capabilities such as keeping kitchens and bathrooms cleaned, and removing all garbage they generate to the appropriate receptacles or designated location for city pickup. The idea is to make the tenant responsible to maintain clean living conditions in and around his or her rental property unit both, for cleanliness sake and to prevent infestations. Tenants must use fixtures and appliances in the unit properly. Tenants are not permitted to abuse fixtures and appliances in the rental unit, must exercise reasonable care not to overload electrical outlets, and should not flush large objects down a toilet in the unit. Tenants are responsible to fix or pay for damage they cause. As the controlling factor living in the rental unit, if the tenant creates a situation that affects the habitability of the rental unit, he or she can be held responsible. If a tenant puts a hole in a wall, severely stains the carpets, or breaks fixtures and appliances, for instance, he or she must arrange to either fix or pay to repair the damages. It's not a long list, and you can list more detailed tenant responsibilities in your lease or rental agreement. Understand, however, that an effort to hold a tenant responsible doesn't mean that it will hold up in court. As a rental property owner it's always best to become familiar with legislation in your area and understand what responsibilities you can and cannot shift to tenants. Okay, now let's look at three types of evictions recognized by most state laws.

Florida Eviction Law: Legal Causes for Eviction

Nonpayment of Rent Nonpayment, one of the most common types of eviction procedure, is when a landlord attempts to evict a tenant for not paying the rent. A lease or rental agreement will state the due date for rent payment, and some state laws extend the due date for a tenant to pay the rent by a certain amount of days referred to as the prescribed grace period. If the rent is paid in full within the legal grace period of these states, an eviction for nonpayment cannot be started; a landlord must wait until the legal grace period has lapsed to start an eviction. For instance, if the due date is on the first day of the month and the legal grace period is 10 days, the rent will not be due until eleventh day of the month and you cannot start the eviction until the twelfth of that month. In a nonpayment eviction, however, the rental owner should be aware that the tenant might try to show that the rental unit was sub par as a defense for not paying rent. Lapse of Time Lapse-of-time evictions are when a landlord evicts the tenant because that tenant's lease or rental agreement has expired. A lapse-of-time eviction can be done when a lease is in its final month, and is the type of eviction procedure commonly used by landlords who give month-to-month tenancies most commonly use this type of eviction procedure. A lapse-of-time eviction can be done without giving any other reason than the owner wants his or her unit back; the contract is terminated because of its expiration only. So it doesn't matter what condition the tenant claims the unit is in because the condition has no relevance to the expiration of the agreement. Nuisance Landlords have a right to evict tenants if the tenant has become a nuisance to the property as long as the agreement includes a nuisance clause. A nuisance could be someone who throws loud parties every night or who continuously disturbs the neighbors, resulting in police visits to the property. In this case, tenants have a right to use and occupy a rental unit in any way they want as long as it does not infringe on the quiet enjoyment of other tenants in the building or violate federal, state, and local laws. Real estate investors should bear in mind that when it comes to rental property ownership, most legislation holds the property owner responsible, not the tenant. The property owner is always the bottom line regarding problems that arise at the property.

Florida Eviction Law: Having to face the inevitability of moving out after facing foreclosure can be one of the most disappointing and nerve-wracking experiences for homeowners.

Especially in states where the time to leave the property is very short, there is a real possibility that foreclosure victims may feel as though they will not have enough time to leave their house before the sheriff shows up to evict them. But the eviction process is entirely set by state law and the courts, and homeowners can receive more time to move out, if necessary. The actual time frame to eviction will depend on the state foreclosure laws to determine how soon the new owner can start the eviction process. If the laws allow for a redemption period after the sheriff sale, then the homeowners are guaranteed some extra time (from a few days to a year) to stay in the house under state law and not worry about eviction. They can use this time to save money for a security deposit on a new rental, pay down other debt, or find a way to save the current home by paying the redemption amount. But if the state has no redemption period after the auction, then the eviction process will usually take about 2-4 weeks from the date of the sheriff sale. The high bidder at auction will have to have the sale confirmed with the court, which can take a few days to more than a week. Then, the owner requests that the court order the sheriff to conduct the eviction, which can take another week or two. Finally, the sheriff will schedule the eviction, give the foreclosure victims notice of the coming date, and then remove all of the people and personal items a few days later. This entire process can take as little as two weeks or as long as a couple of months, depending on the speed with which the new owner and government act in concert. After the eviction is conducted by the county sheriff, the personal property is usually just put in the front lawn, or moved to a county warehouse and put in storage never to be seen again. Good luck getting it back, either way, as it will be almost impossible to regain the personal items. The most likely possibilities that will happen is that neighbors or members of the community will take whatever they want from the pile of items sitting in the front lawn, or the items will go into storage, never to be seen again and no bureaucrat will be able to track them down, despite numerous requests from the former homeowners. Even suing the county to get the property back will usually not work, as the former owners will have to sue the county in county court, where a hearing will be conducted before a county judge.

Florida Eviction Law: The best way to avoid either of these scenarios is for the homeowners to move out before the eviction, or request more time to stay in the property.

They should call the sheriff's office or the new owner before the eviction is scheduled and ask for a extra few days to move everything out. The government and new owner can usually hold off on the eviction if the foreclosure victims are in the process of moving, as long as they are not asking for an extra month or longer to live there rent-free. It is easier to give the former owners a few extra days to move out all of their personal items and give up possession of the property peacefully. Otherwise, homes have been known to be severely damaged by foreclosure victims, with stoves and furnaces removed, copper piping sold, or windows broken and doors removed. In any case, though, the new owner would not be able to charge homeowners a fine directly for moving their old stuff out of the house. We have occasionally witnessed new third-party owners attempting to charge rent or moving expenses to the former homeowners, despite redemption periods or the legal eviction process. But removing all of the people and property from a foreclosed house is the responsibility of the county sheriffs department, which is the one actually evicting the homeowners. They already get paid through property taxes to deal with evictions. Likewise, they would not be able to charge a driver more just because it was a lot of work pulling him over to give him a speeding ticket -- they need some justification for charging more, and "too much heavy lifting" isn't good enough to add more fees on top of the eviction process. For many former homeowners, finally moving out of a house may feel like admitting a humiliating defeat to the world. Especially if they are forced to move into a smaller house, apartment, or in with family and friends for a while. But getting out of a bad situation with a mortgage company and leaving an expensive house can actually be much more liberating than staying. The lender may not have wanted to work with the owners, and the mortgage may have been tens of thousands of dollars more than the property was worth with an astronomical interest rate. Getting a fresh start and moving on from such a situation can often help homeowners learn some of the most important lessons about credit and living within their means from now on.

Florida Eviction Law As a tenant you have rights that are protected by law to ensure that you are treated completely fairly when it comes to your rental process.

Despite the fact that your are protected by law it can unfortunately still be difficult to sort out ant problems that you face with your rented accommodation but you should be aware that there is always help and advice open to you about your rental agreement. The law protects tenants against harassment by making the harassment as well as illegal eviction a criminal offense. This means that if as a tenant you are harassed or illegally evicted you will be able to claim damages through the civil court. When it comes to the eviction of a tenant, the landlord has the right to evict you if any of the following apply: • The owner wants to come back and live in the property • The house is being repossessed • You're over two months in arrears with your rent • You refuse vital maintenance work

Florida Eviction Law, If however the landlord is not happy with the way that you are acting as a tenant they can ask the court to consider eviction is any of the following apply:

• You've broken the terms of your contract • You're consistently late in paying the rent • You lied in order to get your tenancy It should however be noted that with private tenancy agreements the landlord can give two months notice and get a court order without having to give a reason. April 13th 2006 saw the introduction of the governments Housing Act. This housing act meant that any anyone hoping to become a landlord would need to hold licenses and have their properties rated to see if they are acceptable under the new housing standards. Local authorities will assess housing conditions using the Housing, Health and Safety System, which replaces the old housing fitness standards. Hazards such as excess cold, the presence of asbestos and falls on stairs and between levels of the house, will all be assessed under the new rating system.

Florida Eviction Law With rented accommodation you have the advantage of the fact that if anything goes wrong with your property you will have the repairs taken care of at no extra cost to you as it is the responsibility of the landlord to ensure that the accommodation is in full working order;

however it should be noted that if you are responsible for the damage to the property you will more that likely be liable for the repairs on it. If you do have a problem with your rented property it is important that you inform your landlord as a good landlord will appreciate knowing if something is wrong and they will act quickly to repair the problems. In most cases of rental property the landlord and tenant usually have no problems with their tenancy agreement. If you however do have a problem with either the actual property of the way in which you are treated as a tenant it is important that you report the problem to demonstrate you have taken steps to sort the problem out.

Florida Eviction Law When a landlord wants a tenant to move out, certain procedures must be followed.

There are four types of evictions under the law, each requiring a certain type of notice: For not paying rent. If the tenant is even one day behind in rent, the landlord can issue a three day notice to pay or move out. If the tenant pays all the rent due within three days, the landlord must accept it and cannot evict the tenant. A landlord is not required to accept a partial payment. For not complying with the terms of the rental agreement. If a tenant is not complying with the rental agreement (for example, keeping a cat when the agreement specifies "no pets"), the landlord can give a ten-day notice to comply or move out. If the tenant remedies the situation within that time, the landlord cannot continue the eviction process. For creating a "waste or nuisance." If a tenant destroys the landlord's property; uses the premises for unlawful activity including gang or drug-related activities; damages the value of the property; interferes with other tenant's use of the property; the landlord can issue a three-day notice to move out. The tenant must move out after receiving this type of notice. There is no option to stay and correct the problem. For no cause. Except in the city of Seattle, landlords can evict month-to-month tenants without having or stating a particular reason, as long as the eviction is not discriminatory or retaliatory. If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave. The tenant must receive the notice at least 20 days before the next rent is due.

Florida Eviction Law The tenant can only be required to move out only at the end of a rental period (the day before a rental payment is due.)

Usually, a 20-day notice cannot be used if the tenant has signed a lease. Check the specific rental document to determine if a lease can be ended this way. If the rental is being converted to a condominium, the tenant must be given a 90-day notice under state law. How must a landlord notify the tenant of eviction proceedings? For a landlord to take legal action against a tenant who does not move out, the landlord must first give written notice to the tenant in accordance with the law the landlord's options include personal service, service by mail, and service by placing in a prominent place on the premises. See the statute to ensure strict compliance. What if a tenant continues to live in a rental unit after receiving notice? If the tenant continues to occupy the rental in violation of a notice to leave, the landlord must then go to court to begin what is called an "unlawful detainer" action. If the court rules in favor of the landlord, the sheriff will be instructed to move the tenant out of the rental if the tenant does not leave voluntarily. The only legal way for a landlord to physically move a tenant out is by going through the courts and the sheriff's office. Newsletter available see author bio.

Florida Eviction Law, Many Florida landlords are frustrated by the current state of landlord-tenant law, as many rights under current law are ceded to the tenant. Landlord frustration is especially evident in the city proper;

Florida neighborhoods like Oakland and Bloomfield are filled with college students who can be noisy, negligent of property, or late with rent. However, a landlord has certain rights to his or her rental properties, and can require of tenants certain actions and behaviors that are perfectly legal. The following article will explore some landlord rights in the tenant relations and property management arenas. Rights of landlords renting Florida, PA properties One of the most important rights a landlord has is the right to evict tenants. There are three conditions under which the landlord is legally able to evict tenants from a rental property: The tenant has not paid rent owed in full. The tenant's lease term is up, and the landlord wishes to put the property up for rent or sale. The tenant violated a section of the rental agreement (or lease). Though there are fewer concrete rules outlining how an eviction notice should be delivered, it helps the landlord's case immensely if he or she follows common sense. First, the landlord should not deliver an eviction notice by mail. Just as a citizen can ignore a jury duty summons by saying he or she never received it, a tenant facing imminent eviction can simply deny that he or she ever received an eviction notice. The landlord has every right to state in the lease the maximum length of time permissible between eviction notice and removal of tenants. Many landlords opt not to do this, however - in which case, they are advised to refer to the Landlord-Tenant Law of 1951. It is the only rubric available for tenant eviction in Pennsylvania.

Florida Eviction Law The landlord can lawfully evict the tenant with 30 days notice for leases less than 365 days (1 year) in length.

90 days notice is required for leases one year or longer. Some landlords do not use written leases with tenants. Legally, this is an inadvisable move; the landlord does not want to inadvertently cede rights to the tenant. However, if the landlord does not use written leases, 30 days' notice for eviction is standard. If tenant eviction proceedings are pending, the landlord's best bet is to keep written documentation of all communications, payments, and incidents with tenants. The landlord must be prepared to demonstrate when a tenant stopped paying rent, how much rent the tenant owes, and/or how the tenant violated terms of the lease. If the tenant brings suit against the landlord for eviction-related grievances, this documentation is invaluable. In order to keep the law on his or her side, a landlord must not take rash actions against a tenant facing eviction. The landlord should not use police to forcibly evict the tenant before the eviction notice term is up, nor should he or she resort to "dirty fighting tactics," such as locking the tenant out or cutting off all utilities services to the rental home or unit. The following form can be used if the landlord wishes to bypass eviction notice requirements and bring the eviction to magistrate court: NOTICE TO LEAVE THE LEASED PROPERTY (NOTICE TO QUIT)

Florida Eviction Law Tenant agrees to give up certain legal rights as provided by the LANDLORD and TENANT ACT OF 1951.

No notice will be required to be given by Landlord and Tenant to leave and give up the leased property. Tenant will be asked to leave the leased property without notice under any of the following conditions. Tenant does not leave the property at the end of the lease term. Tenant breaks any of the terms and conditions of the lease. Tenant fails, upon demand, to make all rent and other payments when due. Tenant's Initials

Other Florida landlord rights

The landlord has the right to charge the tenant late fees for rent past due. It is recommended that the landlord disclose the past-due penalty sum in the lease before the tenant signs it. The landlord also has the right to request a security deposit of an amount up to and including two months' rent. The landlord is prohibited by Pennsylvania state law from charging higher amounts; however, it is also the landlord's legal right to charge a once-yearly security deposit, so long as each deposit owed after the first year of rental does not exceed one month's rent. It is advisable that a landlord return the security deposit to a tenant or tenants once the rental lease is up. However, a landlord can refuse to refund a tenant part or all of the security deposit if the tenant has caused damages to the unit that are not the result of natural aging or wear. To avoid legal disputes, the landlord should meticulously document the condition of the apartment before the tenant moves in and after he or she leaves, including photographing unit interiors and exteriors. Landlords are required by law to provide a list enumerating tenant-caused damages 30 days or less after tenants vacate rental units. Many legal hassles with tenants can be avoided by carefully pre-screening all would-be renters. Though a landlord is prohibited by law from turning away tenants on the basis of gender, race, creed, or other personal characteristics, landlords can turn down tenant applications if tenants have poor credit, smoke, or own pets - all of these tenant characteristics can interfere with the rental process. A landlord has the legal right to run a credit and background check on the tenant. To avoid issues with late or non-existent rent payments, the landlord should contact a potential tenant's current employer(s), and request pay stubs from any prospective tenants as proof of ability to pay rent. Finally, because people are often prone to repeating the same behavior time and again, references from former landlords are crucial to avoid potential tenant problems.

Florida Eviction Law Although you might have some great tenants in your property, there is no way to predict whether or not they will end up in rent arrears.

If you are a landlord, then having a tenant in rent arrears can cause real problems, both financially and legally. Although you probably would prefer to let the tenant stay, without the income from rent you might need to eventually seek eviction. However, there are a number of steps you can take to make sure that any tenant in rent arrears is treated fairly, whilst also allowing you the opportunity to get the money you need and keep rent payments regular. Here are some tips to help you decide on the best course of action when your tenant falls into rent arrears. Occasional late payments Although it can be annoying, if your tenant is simply late a few times with rent then tenant eviction is probably a long way off. Anyone can have a few financial problems now and then, and so you should expect the occasional late payment. Although you shouldn't tolerate constant late payment, make sure you are understanding if this only occurs once or twice. Let the tenant know that you understand their problems, but that continually falling into rent arrears will not be allowed. This will often solve any small issues of late payments that you might have. Speak to your tenant If your tenant has fallen into rent arrears by a month or two, then you need to talk to your tenant face to face and try to remedy the situation. There may be a genuine reason for the lack of payment, and it may be that the problem can be sorted relatively quickly. However, you need to explain to your tenant that you will require the rent otherwise things will become more serious. Set a date for the tenant to pay the outstanding rent arrears. If they pay then great, but if they fail to find the money then you know that more action is required. If you are unsure about whether or not you are being too harsh or too lenient with a tenant, then you can get some great advice from an investment property forum.

Florida Eviction Law Tenant eviction as a last resort

If your tenant has fallen into serious rent arrears and is unable to pay you the money you need, then it might be time to think about tenant eviction. Although tenant eviction can be a long and painful process, if your tenant is living in your property without paying rent then eviction is necessary. However, you need to make sure that you follow all eviction procedures laid out by the government exactly. Failure to do so will prolong the eviction process, and also damage your changes of receiving the rent arrears that you are owed. However, if you follow the law precisely and the rent arrears problem is serious enough, eviction shouldn't be too much of a problem. Once you have successfully evicted the tenant, then you can start looking for a new tenant who can pay the rent on time and stop you from losing money due to tenant rent arrears.

Florida Eviction Law A landlord cannot change the lock, or cease services to their tenant, such as electricity, heat, water, even if you followed the eviction process to the 'T' as mandated by your state's laws.

Several reasons a landlord can state in the eviction notice served are: non-payment of rent; violation(s) of the lease, i.e. if there was a no pet clause in the lease and a short time after residing in the dwelling, the tenant brings in a dog; if there are more occupants residing in the premises than the lease allows for; damages to the residence that haven't been repaired. Eviction notice periods can be anywhere from 20-90 days, though the average period is 30-60 days. At the end of the eviction period, if said violations and/or payments had not been resolved, the landlord files the eviction with the courts.

Florida Eviction Laws

This is the time a tenant would retain an attorney, if one wasn't commissioned already, to build upon the tenant's defense; to see if the landlord's notice was adequate; to gather correspondences and any receipts by tenant to landlord. If the tenant has a valid defense and it goes to trial, the process here can take several months. In the meantime, as a landlord, you still cannot change the lock or cease services to tenant's residence, without being in violation yourself. The tenant will build time for defense, to protect his rights and his family's. If you have problematic tenants and issues have not been resolved, and you need your rights, as landlord, protected, contact a qualified, experienced landlord tenant.

Florida Eviction Laws Tenant eviction is something that no landlord wants to have to go through, but sometimes it is the only option.

Although most disputes can be sorted out through negotiation, there are times when eviction is absolutely necessary. If you are a landlord, then it is important to know the process of tenant eviction in case you need to use it. If you do not follow the proper steps, then you could end up losing money or not being able to get the tenant to leave. You could even end up being sued by the tenant for poor treatment. Therefore, getting the process of tenant eviction right is crucial. Reasons for tenant eviction Although there can be any number of reasons why tenant eviction needs to occur, some of the most common reasons include rent arrears, complaints about tenant behaviour or other breaches of the tenancy agreement. Of these, rent arrears is the most common reason for tenant eviction. If a tenant cannot pay you the rent that is due after a number of warnings, then eviction may be the only option left. However, before going ahead with eviction you should seek advice. A great place to get advice about eviction and other property investment issues is a investment property forum. However, if eviction looks like the only option then here are some steps you need to follow before eviction can occur. Getting paperwork in order Before evicting someone, you need to make sure that all paperwork regarding the property and the reasons for tenant eviction are in place. This will include the tenant's original rental application, the tenancy contract, and evidence of tenancy violations. For example, if the tenant has stopped paying rent then documentation showing this will be necessary.

Florida Eviction Law Clearly stating reasons in the eviction notice

When you serve the eviction notice, you need to make sure that you clearly state the reasons why you are seeking eviction. Make copies of this notice both for the tenant and for your own records. It is important that the exact reasons for eviction are known to the tenant so that there can be no chance of a misunderstanding. Check the property Some tenants will damage or destroy property in order to get back at you for eviction. Before the tenant leaves you should inspect the property, making a checklist and taking pictures to prove the condition of the property. You will need to give the tenant at least 24 hours' notice before conducting an inspection. This inspection will help you to withhold a security deposit in case anything gets damaged.

Florida Eviction Law Giving the correct notice

You need to make sure you give the correct amount of notice after serving the eviction papers for the tenant to leave. This is usually between 30 and 60 days, although it can be much quicker if there are sufficient grounds, such as violence or serious criminal behaviour. If you require this, then you will probably need to go to court and get an order for fast eviction. Although tenant eviction is something that no landlord wants to do, if you follow these steps then you will find the process easier and less painful for both you and the tenant being evicted.

Florida Eviction Law 1) How long does it take to evict a tenant for non-payment of rent in Florida?

In order to begin the process of evicting a residential tenant in Florida (RI) for non-payment of rent, the tenant must be more than 15 days late and then a five-day demand notice must be sent to the tenant. After the five days, you are entitled to file a complaint for eviction of the tenant for non-payment of rent and the court date will be nine days thereafter. If the ninth day falls on a weekend or holiday, then it will carry over to the next business day. After attending court to get the tenant out, it will take a minimum of five days to evict the tenant up to a potential of a month or longer (if there is an appeal). 2) Is it legal to do a self-help eviction in Florida? No. Under Florida law it is illegal for a landlord to do a self-help eviction. The landlord must go through the proper legal channels in order to evict a tenant from the premises. In the event that a landlord does an unlawful eviction, the tenant is entitled to collect damages against the landlord. 3) How long does it take to evict a month-to-month tenant? In order to evict a month-to-month tenant, you are required to send a thirty-day notice to terminate the tenancy pursuant to Florida law. After the thirty-day period has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to answer and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on whether or not there is an appeal). 4) My tenant has a lease but is violating the lease and causing problems. What do I do? Pursuant to Florida law you can send them a notice asking them to terminate the offending behavior within 20 days. If they do not terminate the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy and you must prove that you sent the notice and that the tenant did not comply with the notice after receiving the notice. If the tenant is a month-to-month tenant, then it is better to terminate the offending tenant's tenancy rather than go through the above-described process.

Florida Eviction Law, Florida Attorneys legal Notice per Florida Rules of Professional Responsibility:

The Florida Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice. David Slepkow is a Florida lawyer who has handled landlord tenant matters and evictions on behalf of both landlords and tenant for ten years. The Attorneys at Slepkow Slepkow & Associates , Inc. represent clients in Real Estate, Probate Law, Elder Law, Divorce & Family Law, Zoning law and Corporate law.

Florida Eviction Law: No, absolutely not! Unfortunately, the law does not allow you to take such actions, and you could be liable to the tenant for damages, or unable to collect the past due rent if you illegally evict the tenant.

In Johnson v. Howard, 92 Ga.App. 96 (1955), the Georgia Court of Appeals, upholding a 1933 case, decided that compensatory AND PUNITIVE damages may be awarded to a tenant who is wrongfully evicted by a landlord.While it is time consuming to go through the legal process, the Georgia legislature has made the process quicker than most court actions by requiring shorter deadlines in eviction cases. Once a tenant is served with an action for eviction, they have only 7 days to respond instead of 30 days like most court actions. Further, the legislature, through the eviction law, states that the Courts are to expedite the hearing after the tenant files an answer, and most Courts set the hearing within approximately 7 days after the tenant files an answer. If the tenant has not paid the rent the court will ultimately issue a "Writ" of possession. This is an order to the Sheriff or Marshall in the County to go to the premises and physically remove the tenant and all of their belongings. Once you obtain the writ, the Sheriff will go to the residence and supervise, but will not actually remove any property. In order to have the property moved you will need to provide 2 strong men per bedroom or to hire an eviction company.

Florida Eviction company

provide a crew of at least 2 strong men per room of the premises and will, under the Sheriff's supervision, remove all of the tenant's property from the premises. The actual time of the eviction usually is less than one hour. It is only after the Sheriff has "dispossessed" the tenant that you are legally permitted to change the locks, which most eviction companies will do, while the Sheriff is still at the property. In Georgia, for most cases you can expect to have the tenant out of the premises within approximately 30 days. While this may seem like a long time, it can take months in other states.As long as you follow the proper procedure, and ensure the Sheriff is present when any eviction takes place, you can avoid being liable to the tenant for any damage to their property.