A tenant smashed the back door. Can I nullify his lease, due to breaking the contract, via texting?
Saint Augustine, FL |
A couple signed the lease. They broke up and she kicked him out. He broke into the house by destroying the back door. Destruction of the property violates the lease agreement. May I text him that his rights to the property are rescinded?
Be careful and read Florida Statute 83.56(2) very carefully. First, to evict for issues other than non payment of rent you would have to provide written notice 7 days in advance to the tenant at the house. A text message will not suffice. That being said, I have found that judges do not like to evict tenants for damages under around $1000.00, regardless of the fact that there is no minimum amount needed to evict under 83.56(2)(a). They actually prefer that you give the Tenant the opportunity to cure, I.e. fix the damage they caused. Read 83.56(2)(b) for further explanation. If you follow the statute and they do not repair within a specific period of time, then you can begin the process to evict them. This process can be complicated as there are quite a few specific requirements that you have to follow in order to be successful, if you are unclear on anything I recommend you consult an attorney rather that risk making a mistake. I handle evictions of this nature if you need any further assistance!
Due to the limited informational constraints of the AVVO process, my answers to any questions are not meant as full legal advice but rather for informational purposes only. I highly recommend that all persons looking for legal assistance seek out a full consultation with an experienced attorney who can fully develop and evaluate your legal issue and provide competent legal advice. Regardless of the extent to which a question is answered, the use of AVVO, by its nature of public display and otherwise, does not create an attorney-client relationship between myself and any AVVO user. Should you require legal representation, please contact me directly so that we may discuss your issue in full and enter into a representation agreement.
You may also want to look to your lease to see if it provides for a specific method in which notice must be given to the tenant. As previously stated, your best bet would probably be to provide them with a 7 day notice with the ability to cure.
This communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida. Please visit our website at www.moreylawfirm.com.
There are facts and circumstances that need to be clarified before deciding how you should proceed.
Recommend you chat with a FL LL-tenant attorney before you take any action .
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.