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AlexiaEsq., Managing Attorney
Category: Landlord-Tenant
Satisfied Customers: 13545
Experience:  19+ years of Landlord/Tenant legal work.
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I Am a land lord in the state of Florida who has not

Customer Question

I Am a land lord in the state of Florida who has not received rent since May and it was a week 300$ short. The lease started out as a 6 month lease the tenants did Not sign it nor give it back to me at guys point it was converted to a month to month which they paid Sometimes weekly sometimes Not at all . I hung a 3 day pay or get out notice on Wednesday the 27th no response . The house appears to be vacated except when i look into the house through the window they left broken i see there personal belongings are still inside I'm certaint so that they can just come back whenever they feel like they want to . They gave paid rent in months my pool that they were required to keep up is GREEN. Window adds broken there j's dog poop on my pool deck. The house sad rented furnished my bedroom suite furniture is out on the pool deck my living room furniture is in the garage. My house us being DESTROYED . I had anither signed lease from a new tenant. They were told this ,who i lost because they wont move out My questions are is there an amount of time if they have left the house unoccupied that i can take it back without having to go to the legal expense of an eviction.? I would LOVE to do that she deserves the mark on her credit but I simply don't have the money to even start the paper work . If I move back into my house while they ate gone and change the locks what can they do ? I know if a land lord turns off someones utilities they can win 3 months rent But it is rarely actually paid and i don't care if there is a order to pay i just want my house back
Submitted: 11 months ago.
Category: Landlord-Tenant
Customer: replied 11 months ago.
have Not paid rent in months
Customer: replied 11 months ago.
They have done damage to the house and there is no security deposit left they ate behind 2275. And damages ate ranging around 1200 the monthly rent was supposed to be 1350 it was only paid in full once
Expert:  AlexiaEsq. replied 11 months ago.

If the lease is UP and they have moved, as in any tenant (even good ones), there is no need to evict once a tenant moves out. It sounds like they never had more than a month to month. So if they left after the month was over (or if 7/31/2016 is the last day of the month and they have already moved) and they are no longer tenants, it would appear that you have nothing to evict. They have not renewed, nor have they "held over."

Make sure you followed the letter of the law with your 3 day notice. That notice would typically say you have 3 days to pay or move out/vacate or else then I evict. In your case, I think you are saying they have vacated... I'd wait til after the full time (after Tuesday? since first day doesn't count and weekends don't count)... to make sure. If they don't pay the rent and have vacated, you have no need to evict.

Now, the question becomes, how to you prove, if necessary, that the tenant vacated or abandoned; this article can help:

And read the statute on abandonment. How long has the tenant NOT been there? How do you know?

I would video tape the entire place, inside and out, just in case you later need it.

Expert:  AlexiaEsq. replied 11 months ago.

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