[RPPTL Leasing Committee] Self Storage Eviction Options

[RPPTL Real Estate Leasing Committee]

Good morning all.  I know not quite landlord-tenant, but since self storage is still covered under Chapter 83, I thought I would give this forum a try.

I know that we do have two avenues for getting rid of self-storage tenants here in FL – the auction process detailed in Part 3 when the default is monetary, and a traditional eviction under Part 1 for other defaults.  But what do we do when the storage unit has items that are attracting rodents and insects (such as large amounts of food, storage of which is a violation of the storage lease)?  The auction process can always be stopped by the tenant by paying the rent, and a Part 1 eviction will take at least a month, after actually serving the tenant and trying to push through the default (if they don’t respond) as soon as possible.  Same as giving them notice of termination and then evicting as a holdover.

Does anyone have any experience (or even rational ideas) with claiming an imminent health hazard and then just cleaning out their unit if they don’t do it (after providing sufficient notice – many times over)?  The situation may in fact become dire enough so that the LL may do this regardless of the possible liability exposure to the tenant.  And if they do, any recommendations as to how to minimize that exposure?  Been doing this a long time, and I have not before come across a situation where I may just advise the client to do what they want and consequences be damned, but this one may be it.

As always – thanks in advance for any thoughts you can provide.


Scott A. Frank
Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.
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Fort Lauderdale, Florida 33309
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sfrank at saflaw.com<mailto:sfrank at saflaw.com>

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