Asked in Land Use & Zoning and Landlord - Tenant for Florida

Q: My tenant has opened a flea market on my property without permission. What can I do?

I don't want a flea market on my land. Also they've refused to pay rent for three months.

2 Lawyer Answers

A: First thing Monday morning, get on the phone or the internet and find a landlord tenant attorney in your town/county; hire him or her, and tell him/her what you want done. Then let the attorney work his or her magic. if it was me, and my tenant hadn't paid rent in 3 months and opened a flea market, I'd evict that clown without a 2d thought. But that's me.

Bruce Alexander Minnick and Charles M. Baron agree with this answer

A: You present two different issues, a use you don't approve of and overdue rent. Not sure why you, as a landlord, are wondering about the overdue rent issue. On that, you either work something out with the tenant for catching up and put it in writing (as many landlords and tenants are doing in the current crisis), or start the eviction process. On the land use, there are two sub-issues: (A) is it a use allowed under the lease?, and (B) is a use allowed under the local government's code? If the answer is "no" to either or both, you, in writing, demand the tenant to immediately cease and desist, and if the tenant fails to comply, you start the eviction process.

Finally, you did not indicate if this is a commercial or residential tenancy. For residential, the Governor, in early April, put a 45-day ban on evictions that expires around right now, unless extended.

Bruce Alexander Minnick agrees with this answer

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