Ask a Landlord-Tenant Question, Get an Answer ASAP!
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What can you do about what? The mail?
1. What state are you in?
2. What was the verbal agreement as regards rent? How much and how often paid?
3. How long did she live there?
Thanks for the information.
Before I give you the answer, let me say that it will be illegal for you to lock her out of the residence. That will constitute an illegal eviction and if she sues you and your fiance, she might be awarded damages of as much as $10,000 for the illegal lock-out. So you don't want do that.
In order to terminate the tenancy of the roommate you must first provide either a Notice to Pay or Quit, or serve her with a Notice to Quit. The pay or quit notice is used if you are willing to let her stay so long as she pays rent immediately. The notice to quit is simply a 15 day written notice that you serve on her to let her know that under FL law she must be out of the unit on a given date that is at least 15 days after the date that you serve the notice on her.
If she has not relocated by the date that you set, then your fiancee will have to file eviction proceedings in the court.
Here is what a notice to pay or quit will look like: http://www.lawdepot.com/contracts/eviction-notice-landlord-forms/#.VfCFppd9eSo
And here is a 15 day Notice to Vacate form: http://tampaeviction.net/resources/FIFTEENdaynotice$5B1$5D.2.pdf
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.I wish you and yours the best in 2015,Doug
Actually, no, it does not constitute a legal Notice to Quit.
1. What it does constitute is an admission that you have illegally evicted the tenant---because you have locked her out.
2. You have not given the mandatory 15 day notice and provided a specific date on which her tenancy will end, as it required by FL law.
Please look at the example I provided you for the Notice to Vacate and use that format so that you comply with the law.
And if you truly have already changed locks, then you need to offer her a new key to avoid her having a meritorious lawsuit against your fiance for illegal eviction.
Sure, I can do that.
All you need to do is explain that "Because you have indicated that you will be moving soon that we have gone ahead and re-keyed the locks and you may contact us in person upon your return to get a single key to the residence for your use until you move out."
It goes without saying that you have no legal obligation to provide the key to anyone other than the tenant herself.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Kindly, remember to rate my service to you. That is how I am credited for assisting you.I wish you and yours the best in 2015,Doug
She has no legal obligation to respond to your message.
Post the 15 day notice on your front door and on her bedroom door and then mail one to her at your address.
Please rate my service to you.
What? Is that a question for me?
As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are new questions that you are asking. For new questions, the customer is asked to open a new question thread. I do sincerely ***** ***** any inconvenience this might cause you.
You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posting are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.
Please be so kind as to rate my service to you so that I can be compensated for assisting you over the past 4 hours.
I think that you may misunderstand the scope of the help that I am capable of providing to you. We have gone far beyond your initial question what con you do, and into the nitty gritty of the entire legal process of eviction.
It is not feasible for me to walk you through an entire eviction from start to finish. I am willing to answer more questions based on you accepting additional services, but even then, I cannot process the eviction for you.