Legal Question in Landlord & Tenant Law in Florida

FL Landlord Tenant Law

Have notified duplex tenant by certified mail of lease termination upon discovery that our duplex has been sorely neglected by tenant - literally to the point of sqaulor. He has let plumbing fail, kitchen appliances are corroding, does not appear to do any cleaning, sinks are beyond description, toilets and shower equally offensive. Tenant has just attempted suicide - is now in the hospital. He is on month-to-month lease. We gave him a 30 day notice to vacate.

Questions: 1) Any unusual rules re tenants with mental issues? 2) Are we entitled to recover any costs associated with restoring our property to the condition in which it was furnished him? 3) If he returns to the property and will not vacate (which is quite possible) - do we move through the normal eviction process? Also, I would assume we would refuse his rent beyond the 30 days. Thank you.


Asked on 10/30/07, 11:27 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: FL Landlord Tenant Law

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A landlord would be foolish to raise the mental health of the tenant as an issue if the tenant does not. There is no special provisions under Florida law and thus you are able to treat them the same as any other tenant. If a judge is made aware of the mental health issues, he/she may start playing social worker and you can be faced with long delays in the eviction process or refusals to follow Florida law. Accordingly, you should follow all normal eviction procedures and pursue the tenant as your would anyone else.

Yes, you are entitled to recover the costs associated to restoring the property due to damage by the tenant. Do not accept any rent after the period in which you stated in your notice unless you get a formally drafted Stipulation setting forth exactly what you have agreed with penalty provisions. You would be wise to have it drafted by an attorney who is familiar with landlord tenant law.

Scott R. Jay, Esq.

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Answered on 10/31/07, 12:32 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: FL Landlord Tenant Law

Your questions had the right assumptions about answers. No special rules re mental illness. You might be able to recover your costs and if he won't vacate you have to pursue it via legal action. If you would like to discuss further, please call me office and refer to your LawGuru question.

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Answered on 10/31/07, 11:56 am


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