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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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This is in the State of Florida, City of Daytona Beach. I am

Customer Question

This is in the State of Florida, City of Daytona Beach.
I am the owner and part-time resident of a 3/2 single family home with a completely detached 1/1 apartment over a double car garage.
The apartment and the home have separate electric, gas, and mail receptacles.
Within the lease the renter is responsible for paying his own gas, electric, and telephone.
The renter upon moving in and while I was out of town hooked his telephone (ATT) service to my single family home.
I did not authorize this but there were several other damaging concerns that proceded this so I allowed him to keep it hooked up for the time being.
Each time I return from out of town, there is more damage to my property or animals and the like.
10/23/2015 I placed a seven day notice to cure to have his ATT installed at his address, remove 3 cats, park where he is assigned, and remove the live-in girlfriend that is not on the lease. He, so far, cured all but the ATT installation. And as of today 10/31/2015, he has not provided evidence of that being completed. Tomorrow is his 7th day.
I inspected his 1/1 apartment with a representative of his yesterday 10/30/2015.
His representative agreed to create a termination of rental agreement effective November 8, 2015 At which time he is to have been moved out, provide the 8 days of rental payment in the form of a chashier’s check, and turn the unit over to me.
I signed the termination of rental agreement and sent it to them to have it signed and witnessed. I did this in hopes of resolving the matter.
If he signs the document, does that stop me from continuing to post a 7 day notice to vacate? In Florida, I believe I will still have to wait an additional 5 days before filing in the courts.
By signing this document, if he refuses to go on November 8, 2015, does that invalidate my notice to vacate and do I have to start over?
What happens to the original lease if both of us sign the lease termination agreement? Does it take the place of the original lease? Which would been I can still continue some type of eviction?
Submitted: 1 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** and I am here to assist you with your questions.

1. If he signs the document, does that stop me from continuing to post a 7 day notice to vacate?

I am sure that part of the agreement would be that you would not continue the eviction against your tenant as he will willingly vacate the property on November 8th pursuant to the agreement. If that type of language is not in the agreement, you could technically continue to move forward with the eviction, however I would not suggest that you do that because you will have some serious explaining to do in front of the judge when that agreement is brought up. It will seem like you did not enter the agreement in good faith.

2. In Florida, I believe I will still have to wait an additional 5 days before filing in the courts.

You do not need to wait an additional 5 days after the 7 day notice expires. The timeframe for a curative or non-curative notice in Florida is the 7 days and then you can begin the eviction process 7 days from the date of service of the notice. Please note that notice begins to toll on the first full day following delivery of the notice, excluding weekends and holidays.

3. By signing this document, if he refuses to go on November 8, 2015, does that invalidate my notice to vacate and do I have to start over?

This is something that would be considered a fact-based question for the court to decide. Technically, the only thing that would toll the notice would be if the tenant cured the defects that you put them on notice of. However, the court may see this agreement as an alternative resolution to the dispute. The cleanest way to move forward in this situation would be to re-issue the 7 day notice and start the eviction process over again so that there won't be any kinks for the tenant to latch onto should this make its way to court.

4. What happens to the original lease if both of us sign the lease termination agreement? Does it take the place of the original lease?

If you sign the lease termination you are both releasing each other from the obligations of the initially signed lease. This renders the original lease void and unenforceable (which is what you want). It is not a new lease though. Simply a mutual release by both parties of the obligations of the original lease.

Customer: replied 1 year ago.
until sais termination of lease is executed, all of the original lease mandates precede correct?
Expert:  MIAMILAW1127 replied 1 year ago.

Yes. Until the termination of the lease is duly executed, the original lease is still intact and valid.

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