Illegal garage conversion by tenant

[HomeMike]

FL.

We are in the process of refinancing our property. The appraiser took pictures. He called the garage "den" as it clearly shows the tenant build a drywall on the inside of the garage door. The bank pointed out, that this conversion was done without permits. Tenant is using the garage as an office. We have picture from before clearly showing the garage door.

The whole financing is on hold.

What are our rights as a landlord? I gave tenant a seven day notice. Can I go in with proper notice and remove the illegal wall?

 

[adjusterjack]

What are our rights as a landlord?

If you have to ask that question then you have no business being a landlord.

Your rights as a landlord are addressed in the Florida landlord tenant statutes. Have you never read them?

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083PartIIContentsIndex.html&StatuteYear=2019&Title=->2019->Chapter 83->Part II

Can I go in with proper notice and remove the illegal wall?

No. Not until he is out. If he's not out by the 7 day deadline you go to court and evict him. Once he's out you regain possession and can go in and restore the garage.

If you have a security deposit you can apply it to your costs for the eviction and restoration and then sue him for the balance.

 

[LdiJ]

If you have to ask that question then you have no business being a landlord.

Your rights as a landlord are addressed in the Florida landlord tenant statutes. Have you never read them?

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083PartIIContentsIndex.html&StatuteYear=2019&Title=->2019->Chapter 83->Part II



No. Not until he is out. If he's not out by the 7 day deadline you go to court and evict him. Once he's out you regain possession and can go in and restore the garage.

If you have a security deposit you can apply it to your costs for the eviction and restoration and then sue him for the balance.

What if the tenant removes the wall himself (due to the 7 days notice) and restores the garage?

 

[Mass_Shyster]

No. Not until he is out.

I’m not sure I agree. One could argue that the code violation renders the unit uninhabitable, like any other code violation, and requires immediate attention.

I’d run, not walk, to my lawyer

 

[HomeMike]

If you have to ask that question then you have no business being a landlord.

I am a FL landlord since 28 years and I know what I am doing. No need to be rude.

Your rights as a landlord are addressed in the Florida landlord tenant statutes. Have you never read them?
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083PartIIContentsIndex.html&StatuteYear=2019&Title=->2019->Chapter 83->Part II

Yes, many times, but they do not address this issue. Our you want to show me?

No. Not until he is out. If he's not out by the 7 day deadline you go to court and evict him. Once he's out you regain possession and can go in and restore the garage.

Is is possible that you are not familiar with a 7 day notice in FL?

Also, if it is a code violation, I have to react. I believe I should handle it as if was an emergency.

 

[quincy]

I am a FL landlord since 28 years and I know what I am doing. No need to be rude.

Yes, many times, but they do not address this issue. Our you want to show me?

Is is possible that you are not familiar with a 7 day notice in FL?

Also, if it is a code violation, I have to react. I believe I should handle it as if was an emergency.

Is it an attached garage? If not, I am not sure I see the “emergency.”

 

[HomeMike]

Yes, it is part of the house.

 

[adjusterjack]

I am a FL landlord since 28 years and I know what I am doing. No need to be rude.

Apologies. Around here people who ask "What are my rights?" are often clueless, especially landlords.

Also, if it is a code violation, I have to react. I believe I should handle it as if was an emergency.

If you were cited by the city for a code violation you would have to "react" within the number of days that the city give you to remedy the violation, which is often as much as 30 days.

Without the citation, it's not an emergency and the tenant still has a right of possession until he leaves or a court puts him out.

Is is possible that you are not familiar with a 7 day notice in FL?

Yes, I am:

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

Have you included the option to cure? Or does the tenant's modification fall under "destruction, damage, or misuse of the landlord’s ... property by intentional act or a subsequent or continued unreasonable disturbance."?

What if the tenant removes the wall himself (due to the 7 days notice) and restores the garage?

Then the restoration itself would constitute a "cure" even if the landlord's notice alleges not curable and there would be no grounds for termination.

One could argue that the code violation renders the unit uninhabitable, like any other code violation, and requires immediate attention.

One would fail in that argument. People enclose their garages all the time. The penalty for not getting a permit is typically the cost of the permit and the correction of any code issues upon inspection. By no means does the house become uninhabitable just because of a code violation unless the city actually condemns the property.

 

[HomeMike]

Apologies. Around here people who ask "What are my rights?" are often clueless, especially landlords.

Accepted. And I understand about the clueless people ;-)

I appreciate all your help!

 

[Mass_Shyster]

One would fail in that argument. People enclose their garages all the time. The penalty for not getting a permit is typically the cost of the permit and the correction of any code issues upon inspection. By no means does the house become uninhabitable just because of a code violation unless the city actually condemns the property.

Under Mass law (which I realize does not apply, but could be used as persuasive authority) a code violation is a per se violation of the warranty of habitability, subjecting the landlord to three months rent as damages. There's no need for the city to condemn the property, or even for the code department to get involved. Regardless of who created the issue, the landlord is responsible to remedy the situation. No Mass court would find a landlord's entry to remedy a code violation unreasonable.

 

[PayrollHRGuy]

Let's keep in mind that we don't know if there is actually a code violation here. The only entity that has said there is a violation is the bank. And the bank made their call based on something they have never seen.

 

[HomeMike]

It is clearly a building code violation. You can not convert a garage into an office without permit here. A permit would requite hardwired smoke detectors, inspections etc.

 

[LdiJ]

It is clearly a building code violation. You can not convert a garage into an office without permit here. A permit would requite hardwired smoke detectors, inspections etc.

A lack of a permit is not normally a code violation in and of itself. Unpermitted renovations can still meet code if properly done.

 

[Ohiogal]

A lack of a permit is not normally a code violation in and of itself. Unpermitted renovations can still meet code if properly done.

Don't believe LD.. SHE does NOT research things and is a danger when she posts. Research whatever she says yourself as she is ignorant.

 

[quincy]

Here is a link to (what I believe is) the applicable state law:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0553/Sections/0553.79.html

IF this is the appropriate law (and my research was brief), it states in part: “...it shall be unlawful for any person ... to construct, erect, alter, modify, repair, or demolish any building in this state without first obtaining a permit ...”