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FLRealEstateAnswer
FLRealEstateAnswer, Attorney
Category: FL Real Estate
Satisfied Customers: 23978
Experience:  Experience handling landlord/tenant issues, mortgage foreclosures, eviction, purchase and sale agreements
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I own a single family house in Miami-Dade. I am leasing it

Customer Question

Good morning,I own a single family house in Miami-Dade.
I am leasing it to a family. They just signed a lease renewal for the next 6 months.
I am having issues with them: The house is on a corner lot and they do not maintain the lawn as they should.
I brought someone to cut the lawn and they refuse to pay him. its been raining a lot here so the lawn grows faster. they are upset that they need to cut the lawn more often. There is no talking to them they simply do not understand that because they lease the house from us they need to be responsible to maintain the lawn or we could get fined by the city.
They also do not change the AC filter and a few other things.
I wish to terminate the lease with them and get another tenant that will properly maintain the property.
What should I do?Thank you,
Michelle
Submitted: 2 months ago.
Category: FL Real Estate
Expert:  FLRealEstateAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FLRealEstateAnswer replied 2 months ago.

Is there anything in the lease that requires them to maintain the yard?

Customer: replied 2 months ago.
The following is from the lease:Maintenance and RepairTenant will, at Tenant's sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, tenant shall keep the fixtures in the house or on or about the leased premises in good order and repair.Use and Damage of PremisesTenant shall comply with all the sanitary laws, ordinances, rules and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereo, during the term of this lease.By the way, during the first year of the lease they did ,maintain the lawn - now they decided its too much money...
Expert:  FLRealEstateAnswer replied 2 months ago.

Thank you. Typically, a lease, will address who will incur the cost of maintaining the lawn. It should state if the is the tenant or landlord, the clause is somewhat vague but you can certainly argue that they have to keep the lawn in proper/good condition, since a failure to do so can result in a fine being imposed by the city. Now, if you want to the tenant out and there is a violation of the lease, they first need a 7 day notice to cure and if they fail to do so and vacate, then you can proceed with the eviction. Attached is the form and statute to show and support this as well.

http://www.floridabar.org/TFB/TFBResources.nsf/0/C90DA70E5A47F497852577370049F722/$FILE/FORM%202.pdf?OpenElement

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.56.html

Expert:  FLRealEstateAnswer replied 2 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FLRealEstateAnswer replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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