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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35309
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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Room mate told us night before she was going out of town day

Customer Question

room mate told us night before she was going out of town day before rent was due sent us a text message 2 days after rent was due that she was going to write a check and realized her bank had froze her account and she did not know when she would be able to send us a check.
since there was no rental agreement and she had also told us the night before she left that she was going to be probably moving when she got back in with her daughters.
no check no money and then that bit of information my fiancé texted her back that since she had not paid rent when it was due that she had broken their agreement and therefore would be charged a prorated amount and the locks would be changed and that she would have to make a scheduled time to pick up her belongings and that no one but her would be allowed on premisses until the arranged time.
now she has put a hold on the mail...which we have been told hold all our mail...
what can we do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 year ago.

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?

Doug

Customer: replied 1 year ago.
No evicting her!
Expert:  LawTalk replied 1 year ago.

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?

Customer: replied 1 year ago.
1.florida
2. 425 monthly
3. Since nov 2014
Customer: replied 1 year ago.
My fiancé is the land owner
Expert:  LawTalk replied 1 year ago.

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

Customer: replied 1 year ago.
After much thought I have decided the current circumstances warrant terminating our rental agreement. You will be charged a daily prorated amount for rent until you claim your belongings. Upon an arranged pickup date for your items you will provide cash or money order for owed rent. Since you have violated our rental agreement, i have changed the locks to the household. The only person allowed on the property from this day forward is you and those removing your items on the prearranged day. Any other persons will be reported as trespassing. Contact if questions.
Customer: replied 1 year ago.
Does this constitute the notice to pat or quit???
Customer: replied 1 year ago.
To pay or quit
Expert:  LawTalk replied 1 year ago.

Hi,

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.

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

Customer: replied 1 year ago.
Can you suggest wording notifying tenant that key use available and can we specify that only she can pick up the key?
Expert:  LawTalk replied 1 year ago.

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

Customer: replied 1 year ago.
Message sent per your wording, next step is? How long before she does or doesn't respond to last correspondence?
Expert:  LawTalk replied 1 year ago.

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.

Doug

Customer: replied 1 year ago.
Just got phone call from roommate, did not answer, respond or request all in writing?
Expert:  LawTalk replied 1 year ago.

Hi,

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.

Doug

Customer: replied 1 year ago.
Other than posting and mailing, any other correspondence needed?
Customer: replied 1 year ago.
If she offers to pay do I accept?
Customer: replied 1 year ago.
If she replies to 15 day notice next step?
Expert:  LawTalk replied 1 year ago.

Good evening,

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.

Doug

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