Legal Question in Landlord & Tenant Law in Florida

I am a landlord and over the wekend a tenant kicked in another tenant's door. When the cops came they wouldn't arrest the tenant that kicked in the door. There were witnesses. Currently the tenant that kicked in the doot keeps harrassing the other tenant by repeatedly knocking on his door. What can be done. Shouldn't the Police have taken the tenant for Breaking and Entering?


Asked on 1/09/12, 12:23 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Yes. Both you and your tenant should report this to the police again. Your tenant can seek an order of protection. If it continues, you can evict.

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Answered on 1/09/12, 12:32 pm
Joseph Brien THE PEOPLE'S ADVOCATE

For the Non offending tenant: Domestic Violence Restraining order for the victim in which the other tenant will be prevented from returning to the premises and his apartment on a temporary to permanent basis. Kicking in the door and continued threatening behavior and reasonable fear of future violence will generally suffice if plead properly.

For you if your lease provides for it, or if you believe that the behavior is so egregious/patently offensive for which there is no cure, 7 notice of termination.

If you want to keep both tenants, Deliver a 7 day Notice to cure non conforming behavior and pay restitution for the damages. In such a notice there is generally language that will cause immediate termination without further opportunity to cure if the behavior is repeated within the next 12 months.

I like the last option, but all are available to you.

Good Luck.

Joseph Brien, Equire

[email protected]

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Answered on 1/09/12, 12:33 pm


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