Unauthorized Person Living in the Property

Gaston Reboredo • July 23, 2021

How to deal with a person living in the premises that is not authorized in the Lease Agreement

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.

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May Newsletter

By Florida PMServices • May 12, 2026

Welcome to the May edition of the Investor Newsletter! This month, the rental market is proving that strong returns are no longer just about rent growth. With operating costs taking center stage, investors are sharpening their focus on what really drives long-term returns. Inside, we cover these rising operating costs, take a quick look at ADUs, and round up the latest headlines shaping the market right now. The Quiet Profit Squeeze: Why Operating Costs Now Matter More Than Rent Growth Something is quietly changing inside single-family rental performance, and it is not something you will find in rent growth headlines! Even in markets where rents are holding steady or slowly growing, many portfolios are seeing a different pattern emerge; Net operating income is tightening, and the pressure is coming less from revenue and more from rising operating costs. Insurance has become one of the most unpredictable expenses for property owners. According to a recent article , premiums across commercial real estate are projected to rise another 8-15% annually in 2026. This is predicted to be driven by severe weather, higher rebuilding costs, and tighter underwriting standards. Bloomberg also recently noted that U.S. home insurance costs continue to rise as insurers adjust to growing climate and replacement cost pressures. For SFR investors, insurance is no longer a predictable line item. It is a cost that can impact cash flow from one renewal to the next. Maintenance and repairs are adding pressure as well. What many owners once viewed as routine upkeep has become a form of invisible inflation. According to a recent report , repair and maintenance costs have risen nearly 14% year over year and roughly 50% since 2020 in many locations. Deferred maintenance is also becoming more expensive to delay, often turning into much larger expenses down the road. Property taxes are another growing concern. Unlike insurance, tax increases tend to move more gradually through reassessments and municipal adjustments, making them easier to underestimate during underwriting. A Business Insider article highlights how taxes, insurance, and fees are becoming a larger share of “hidden costs” for property owners. Another article reported that property taxes and insurance now account for more than 21% of monthly housing costs in many markets. The takeaway for investors is that operational execution matters just as much as acquisition strategy. Strong returns depend on how well expenses are managed through proactive insurance reviews, preventative maintenance, tax monitoring, and disciplined renewal management. With rent growth normalizing in many areas, protecting NOI, rather than focusing only on revenue growth, may be becoming an even more important part of long term rental performance. Did You Know: Accessory Dwelling Unit (ADU) Everything You Need to Know in 60 Seconds! You might have heard them called "granny flats," "carriage houses," or "casitas," but in the real estate world, they are known as Accessory Dwelling Units (ADUs). As housing demand continues to rise nationwide, and many investors are looking for creative ways to maximize returns on existing properties, ADUs are a flexible option that can increase rental income, property value, and long-term investment potential. What is an ADU? An Accessory Dwelling Unit (ADU) is a smaller, secondary living space built on the same property as a primary home. To be a legal ADU, it must have its own kitchen, bathroom, and sleeping area. They can be detached, attached or repurposed from a home. Who uses an ADU? Homeowners and real estate investors often use ADUs to maximize their land and profits. It can provide a secondary housing option for additional tenants, multi-generational families, or short-term guests. For single-family rental investors, ADUs can turn one property into more income. Where are ADUs located? ADUs are appearing in neighborhoods across the country. As housing demand and affordability challenges continue to grow, more local governments are updating zoning rules to allow investors and homeowners to add these secondary living spaces to existing properties. When should an investor consider an ADU? ADUs may make most sense when a property has excess space, rental demand is strong, and local zoning allows secondary units. Many investors use this when they want to increase cash flow without purchasing another property. Why Are ADUs Important? ADUs are becoming a major trend in residential real estate. They can potentially: Increase rental income Help with housing shortages Offer flexible living arrangements Boost overall property value SFR Trending Headlines Stay Up to Date on the Hottest SFR News & Stories Wave of Price Cuts Arrives Before the Summer Heats Up Selena Gomez Eyes $1.6M Profit on Former Tom Petty Home Zillow and Redfin Brace for Major Legal Fight Are Tenants Saving by Not Owning ? Zuckerberg’s $170M Deal Breaks Miami Record Rate Update: We've Partnered with LendingOne to Bring You The Best DSCR Rates & Terms! DSCR Loan Advantages: Rates Often Lower Than Banks No Personal Income Requirement No Tax Returns Needed Not Reported on Credit Faster Closing Times Specialized Loans for Investors Only! Click for Financing Options! Until Next Month! The Florida Property Management Services Team