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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55325
Experience:  Lawyer; developer/owner of RE developments.
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I rent a house to a couple with out a lease, I know stupid

Customer Question

I rent a house to a couple with out a lease, I know stupid of me and now I want to get them out. I want to sell the house and they can't afford it. They have done things to the house without asking permission and i am upset with them for taking it upon
themselves to do it. What is the procedure for evicting without any written agreement they pay their rent in full and on time. The house is located in St Johns Co FL
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 2 years ago.
Good morning. My name is ***** ***** I look forward to helping. Unfortunately, if he will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this type tenancy by giving written notice of at least 15 days. If they do not leave voluntarily at the end of the 15 day notice, or if they are in default in which case you don't need to give the 15 day notice, under Florida law, you will then need to give a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Since they have made changes to the house without consent, they would be in default. If they do not leave within the 3 day period, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if they pose any threat to your person or property, you can get a restraining order to get them out of the house immediately while the eviction process runs its course. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force them out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 2 years ago.
They are not in default in fact I was goi,g to tale the rent due on the 4th and give them a 30 day notice to vacate, not 15 days. Legal??
Expert:  insearchoftheanswer replied 2 years ago.
Yes, that is perfectly legal. Anything more than 15 days is legal.