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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am in New York the property is in Florida I have a tenant

Customer Question

I am in New York the property is in Florida I have a tenant that I have not given a new lease expired May 31st yet. I want to do a inspection of the townhouse. She keeps putting me off she says because of health issues. I know I do not want her as a tenant. emails going back and forth I said I wanted an increase in rent she complained so I agreed on the same monthly rate. Do I have the right to not renew her lease and give her 60 day's to vacate the premise and does she have to pay rent for the 2 months or am I just out of the rent money. Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
You can give her a 60 day notice.She must pay for this time, if she does not pay her rent during this time, you are then entitled to give her a "3 day notice to pay or quit" - giving her 3 days to pay the rent, if she does not pay, you will then file an unlawful detainer action (or have an attorney file one for you as you are out of state) and she will be forcibly evicted (usually in about 4-8 weeks depending on whether or not she appears in court to oppose the action).(See: http://www.nolo.com/legal-encyclopedia/eviction-notices-nonpayment-rent-florida.html).You also have a reasonable right of entry - you do not need her permission, you can give her notice (recommended at least 24 hours) that you (or your agents, such as a manager or a contractor) will be entering to do an inspection/perform necessary repairs/etc. and you can enter - if she refuses, you can similarly give her a 3 day notice.

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