83.59 Right of Action for Possession

83.59 Right of action for possession.

We are a non-attorney eviction service that helps landlords with their problem tenants. We help with document preparation, filing, and tracking of the eviction process. We are landlords and know the process of eviction, the stress of evictions, and the time and money involved with evicting tenants. We make sure your eviction is filed quickly, tenants are served quickly, track any responses from the tenants, file any responses from the owner quickly, and ensure the case is processed as quickly and stress-free to the owner as fast as possible. Time is money!! We are here to help the owner regain access to their real estate investment ASAP.

Ask us about our Eviction Notice Delivery Service. We can meet the Sheriff to get the tenant out.

Our service areas are Hillsborough, Pinellas, and Pasco Counties in Florida. Call (813)333-5263.

Click Here for Free Eviction Forms for Florida.

Free Eviction Notices and Eviction Forms with Form Explinations.

Ask us about our Eviction Notice Delivery Service. We can meet the Sheriff to get the tenant out.

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

83.59 Right of action for possession.—

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.

(2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

(3) The landlord shall not recover possession of a dwelling unit except:

(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;

(b) When the tenant has surrendered possession of the dwelling unit to the landlord;

(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or

(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.

(4) The prevailing party is entitled to have judgment for costs and execution therefor.

History.—s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, ch. 95-147; s. 1, ch. 2007-136; s. 11, ch. 2013-136.

Keeping Your Rental Property is Still a Great Investment

Hey there, rental property owners! Whether you’ve just dipped your toes into the world of renting or been at it for years, the roller-coaster of the real estate market might have given you a few heart palpitations. The headlines often scream about shifting landscapes and changing trends. But guess what? Keeping your rental property is still a stellar investment. Let’s dive into why.

Stability in Uncertain Times

No matter how tech-savvy we become, one thing remains constant: people need a place to live. While the stock market might feel like a wild ride and cryptocurrencies rise and fall, real estate remains one of the most stable investments. Do you have a tangible asset under your name? That’s priceless.

Passive Income – The Dream Isn’t Dead

I remember my uncle sharing tales of his early days as a rental property owner. He often emphasized how the monthly rent checks provided a safety net during uncertain financial times. Decades later, that statement still holds water. A steady flow of passive income can significantly cushion life’s unexpected expenses or boost your lifestyle.

The Charm of Appreciation

Yes, property values fluctuate, but historically, they’ve trended upwards. Think long-term. The house you bought ten years ago? Chances are, its value has soared. This means you are gaining monthly rental income and sitting on an appreciating asset. Double win!

Tax Benefits Galore

Rental properties come with an array of tax benefits. You can often deduct property taxes, insurance, maintenance repairs, and even the interest on your mortgage. Trust me, once tax season rolls around, you’ll pat yourself on the back for holding onto that rental.

“Right of Action for Possession” – Empowering Landlords

Here’s a phrase you might want to familiarize yourself with: Right of Action for Possession. What’s that, you ask?

Diving Deep into the “Right of Action for Possession”

This legal right allows landlords to regain possession of their rental property under certain circumstances, such as when a tenant breaches the lease agreement. While no one wishes to face such situations, knowing the law is on your side is comforting.

I had a friend, Carla, who faced a sticky tenant situation. Rent payments were irregular, and the property was being neglected. Thanks to understanding her Right of Action for Possession, Carla confidently navigated the situation and regained control of her property.

Ensure Your Lease is Watertight

A solid lease agreement is your best friend. Ensure that your contract defines circumstances that might warrant the Right of Action for Possession. If you’re unsure, seek legal counsel. Better safe than sorry!

Communication is Key

If situations arise, ensure you communicate with your tenant effectively. Often, misunderstandings can be cleared with open dialogue. However, knowing your Right of Action for Possession becomes invaluable if things escalate.

The Emotional Quotient

Finally, let’s not forget the emotional aspect. Holding onto a property can provide a sense of achievement, security, and legacy. It’s not just about the money but also the stories and memories.

In conclusion, whether you’re drawn by the financial benefits, the security, or the joy of providing a home for others, your rental property is undoubtedly a prize possession. Remember, every investment has its highs and lows. Stay informed, leverage tools like your Right of Action for Possession, and you’ll weather any storm.

Happy renting!

Langee Realty Inc. is a full-service property management in the Tampa Bay Area of Florida. We have been serving the Tampa Bay area of Florida since 1996. Langee Realty (813) 232-2400

Click on the link below for more information.

Langee Realty – Full-Service Management

See what we have for rent.

Eviction Notices Explained

How to evict a tenant?

Site Map Home Page