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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience:  Extensive experience and training in real estate matters.
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I am a property manager for vacation rentals in Davenport FL

Resolved Question:

I am a property manager for vacation rentals in Davenport FL near Orlando.
I have guests staying in one of the houses I manage, that have done nothing but complain since they arrived. They are the for the whole month of March. I have addressed all their issues, but they are still not content. I've offered to refund in full even though they have now bee in the house for 1 week. I'd like to evict them and still refund them anyway. How can I go about this?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  J.Hazelbaker replied 5 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Unfortunately, under Florida law, you need to find some breach of the rental agreement in order to lawfully evict.

J.Hazelbaker :

Even so, given the Florida eviction process, even if you win, you likely won't be able to force them out until after the end of the month, anyway.

J.Hazelbaker :

I'm sorry to be he bearer of bad news on that front.

J.Hazelbaker :

Also, you need to anticipate that they may continue to be a problem.

Customer:

Even with a vacation rental. The agreement does say that we reserve the right to no continue servicing them.

J.Hazelbaker :

I would advise that all your communication with them be in writing, and that you "memorialize" any communication they make by summarizing it in a writing sent back to them with dates and times.

Customer:

Ok thanks

J.Hazelbaker :

With regard to eviction, unless they vacate

J.Hazelbaker :

voluntarily, you have to evict, which takes weeks.

J.Hazelbaker :

Unless you can prove that there is a violation of law, you won't be able to get them out any faster.

Customer:

This is just a vacation rental, so I hoped there was something regarding guests staying in a house and it would not be considered the same as a tenant living in a home.

J.Hazelbaker :

Unfortunately, no.

Customer:

thanks anyway

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

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