Unauthorized Person Living in the Property

One of the problems one may face as a Landlord is to find out that a tenant has a person or persons living in the unit who is not an authorized person as per the lease agreement. As per Florida Law you when you are aware of this situation you must first serve a 7 day Notice of Non Compliance with an opportunity to Cure. After the expiration of the 7 day notice if the situation persists you can then file for an eviction based on the non compliance or breach of lease terms and conditions. If the eviction is contested by the Tenant then you need to get ready to go to court and in order to win the case you must prepare for it and document with proof the non-compliance. Documentation is the challenging part. You may see the unauthorized person come and go, park his/her car in or about the premises overnight, etc and even these cases may seem a simple matter, these cases are one of the hardest non compliances to prove because they often hinge upon circumstantial evidence and not direct proof. 

By the way let me point out that rent cannot be accepted after the 7 day notice has been served unless one is totally certain that the person is no longer living in the property. 

The purpose of this article is to provide a guide on how to be prepared to go to court after the 7  day notice expires, the non compliance is not cured and you have to file for eviction and the eviction is contested by the Tenant.  It is a guide on how to obtain proof for the non compliance in order to win the case. It is important to point out that the purpose is not going into detail into the legal process and implications and a detailed legal  discussion which one must have with an attorney, properly licensed to practice law and provide legal advice. The purpose is how to collect evidence to give your attorney to fight the case of the contested eviction files for the non compliance. I want to point out that in my personal opinion a Landlord or a property manager may serve the required notice and collect proof and evidence of the non compliance but I suggest always to hire an attorney to file the eviction and of course to represent you in court if the same is contested. Furthermore it is our policy in our company to have all tenancy related notices served by a Process Server just to provide an additional level of safety in the timely and proper delivery of the notice.

In getting as much proof as possible that the unauthorized person is living in the premises the main thing is documentation. Document as much as possible with specific dates and times. Here are some examples of proof that may help one win in court. All of this must be done AFTER the 7 day notice has expired.

• 
  Photos of the unauthorized person, document dates and times
• 24 hour video surveillance from the community 
• Neighbors or employees of the apartment community, Condo Association or homeowners Association who will testify in court they know for a fact the unauthorized person is still living on the premises
• Photos of the person’s vehicle, including license plates, documenting dates and time
• If the property is located in a managed community, check with the Association if there are any warnings or notices of improperly parked vehicle owned by the unauthorized person or any notices of violation involving the unauthorized person
• Video surveillance of the person’s vehicle entering and exiting the gate or any records of entry cards or fobs used at the gates or anywhere in the community if available
• If the person gets arrested for any incident at the premises, a copy of a Police report will really help

Again this is a tough situation to prove and maybe the best way out is to wait for the expiration of the tenancy and not renew the lease to the Tenant if the non compliance is not cured after the expiration of the 7 day notice. Getting enough proof to win a contested eviction for this non compliance in court may be costly and difficult. 

Serving the notice and filing for eviction after its expiration is a must but if the tenant contests the eviction one must analyze if it makes sense to wait until the end of the lease and move the tenant out or to fight in court. It will all depend on the remaining term of the lease and the quality of proof one was able to obtain.