If you’re a landlord or property owner in Florida, one of the most stressful situations you can face is dealing with a tenant or occupant who refuses to leave. Getting possession of your property back quickly and efficiently is often crucial to minimizing losses and moving forward. The Florida eviction attorneys at Law Office of Ryan S. Shipp, PLLC, have your back.
Florida has several laws that cover different types of situations where you might need to regain possession. Knowing which law applies to your case can make all the difference in how fast you can reclaim your property. This guide will break down the differences between Chapter 83 (Landlord-Tenant Law), Chapter 82 (Forcible Entry and Unlawful Detainer), and Chapter 723 (Mobile Home Park Lot Tenancies), so you can understand your options and take the right steps.
Chapter 83: Florida Landlord-Tenant Law – The Go-To for Lease/Agreement-Based Evictions
Chapter 83 is the statute most people think of when it comes to evicting a tenant. Whether you’re renting out residential or commercial property, this law covers your rights as a landlord when a tenant breaches their lease or rental agreement.
When Chapter 83 Applies:
- You’ve got a signed lease or verbal rental agreement with the tenant.
- The tenant is behind on rent, violated lease terms, or stayed after their lease or tenancy has expired without renewing.
Key Steps for an Eviction Under Chapter 83:
- Provide Notice: You’ll need to give your tenant the proper notice before filing for eviction. If they haven’t paid rent, that’s usually a 3-day notice, but for other lease violations, it’s typically 7 days, if the tenancy is residential.
- File the Eviction: If the tenant doesn’t comply with the notice, you can file for eviction in court. You’ll need to show proof of the notice, lease if applicable, and the breach.
- Obtain a Judgment: If the tenant doesn’t provide a valid defense, place monies into the court’s registry, you can get a court judgment in your favor.
- Writ of Possession: Once you have a judgment, the court will issue a writ of possession, which gives local law enforcement the power to remove the tenant.
Why Use Chapter 83?
- It’s a straightforward process when there’s a valid lease or verbal rental agreement.
- You can address several types of breaches like non-payment, lease violations, or overstays.
However, it’s critical to follow the exact notice requirements. Any mistakes, like giving the wrong notice period or wrong amount of rent due, can lead to delays. Tenants may also defend themselves by claiming the property was uninhabitable or that the eviction is retaliatory, which can slow things down further.
Chapter 82: Forcible Entry and Unlawful Detainer – For When There’s No Lease or No Rental Agreement
Sometimes, you’re dealing with someone who isn’t a tenant in the traditional sense. Maybe they’re a squatter, an ex-guest, ex-girlfriend, ex-boyfriend or family member that’s overstayed, or someone without a lease or rental agreement. That’s where Chapter 82 comes in.
When Chapter 82 Applies:
- There’s no lease or rental agreement in place.
- You have a squatter or unauthorized person refusing to leave.
- You allowed someone to stay temporarily, but now they won’t move out.
Key Steps for an Unlawful Detainer Under Chapter 82:
- No Notice Needed: Unlike with traditional evictions, you don’t have to give the occupant a notice period before filing for unlawful detainer.
- File the Complaint: You file in court to reclaim your property, showing that the person staying there has no legal right to be on your property.
- Obtain a Quick Judgment: Since defenses are limited (they can’t claim lease rights), these cases can move faster.
- Writ of Possession: Once the court grants you a judgment, a writ of possession is issued to remove the occupant.
Why Use Chapter 82?
- It’s ideal for cases where there’s no landlord-tenant relationship, like when dealing with squatters or unauthorized occupants.
- No notice is required, meaning you can get into court faster.
Challenges arise when the occupant claims they have some right to be there, such as an unwritten agreement or even asserting they were allowed to stay or that they have an interest in the property. But generally, this is a quicker process than Chapter 83.
Chapter 723: Mobile Home Park Lot Tenancies – Special Rules for Mobile Home Parks
Mobile home park situations are a bit different. Chapter 723 covers instances where tenants own their mobile homes but rent the lot from you, the park owner.
When Chapter 723 Applies:
- The tenant owns the mobile home but rents the land from you in a mobile home park.
- You’re dealing with non-payment of lot rent or rule violations.
Key Steps for Evictions Under Chapter 723:
- Longer Notice Periods: Unlike Chapter 83’s shorter notice times, Chapter 723 requires you to give a 5-day notice for non-payment of lot rent and a 7-day notice, followed by a 30-day notice of termination for rule violations.
- File for Eviction: If the tenant doesn’t pay or correct the issue within the notice period, you can file for eviction.
- Writ of Possession: Once the court rules in your favor, after a 10-day wait period, a writ of possession is issued to remove the tenant from the lot.
Why Use Chapter 723?
- It’s tailored for mobile home parks, giving park owners clear guidelines for evicting tenants who rent only the lot.
- This statute has additional protections for tenants, so following the exact steps is critical to avoid delays.
One challenge with Chapter 723 is the extended notice periods and the strong protections mobile home tenants have, which can slow down the eviction process. But with careful planning, you can regain control of your property.
Key Differences Between Chapter 83, Chapter 82, and Chapter 723
- Chapter 83: Applies to traditional landlord-tenant relationships where there’s a lease or rental agreement in place. It has structured steps but allows tenant defenses, which can sometimes slow down the process.
- Chapter 82: For situations without a lease or rental agreement, like squatters or unauthorized occupants. It’s faster since no notice is required, and defenses are limited.
- Chapter 723: Specific to mobile home park lot tenancies. It has longer notice requirements and stronger tenant protections, but it’s the go-to statute for park owners.
Best Practices for Florida Landlords and Property Owners
- Know Which Statute Applies: Before filing anything, assess whether the situation involves a lease (Chapter 83), no lease (Chapter 82), or a mobile home park (Chapter 723).
- Serve Notices Properly: Make sure to follow the exact notice requirements under the applicable statute. Mistakes here can delay your case and cost you more in lost rent or damages.
- Act Quickly: Time is money when you’re trying to regain possession. Work with an experienced real estate attorney, like Ryan S. Shipp, Esquire, from Law Office of Ryan S. Shipp, PLLC, who knows how to expedite the process while staying compliant with Florida law.
The Closing Argument
Navigating Florida’s property possession laws can be tricky, but understanding the differences between Chapter 83, Chapter 82, and Chapter 723 will help you regain control of your property faster. Whether you’re dealing with a non-paying tenant, a squatter, or a mobile home park issue, choosing the right statute and following the proper legal steps is key to avoiding delays and unnecessary complications.
If you need help reclaiming possession of your property, contact a knowledgeable Florida real estate attorney, like Ryan S. Shipp, Esquire who can guide you through the process and ensure everything is handled efficiently. Call Law Office of Ryan S. Shipp, PLLC today @ 561.699.0399. Your West Palm Beach Eviction Lawyers, serving all of Florida’s 67 Counties.