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When a tenant is 24 days past due on rent, how do i get them…

Customer Question
When a tenant is...

When a tenant is 24 days past due on rent , how do i get them out , they never signed a lease , do i have to provide them with ac or hot water ?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

She allows her sons to smoke weed and i have repeatably when i tell them to stop and they wonted sons are both under 18 , we are in florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There is no lease one was presented to her but she has not signed to lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has been her 6 months

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 4 minutes by:
9/25/2017
Lawyer: barristerinky, Attorney replied 10 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,071
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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Have you given the tenant any written notice to pay rent or vacate?

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Do you supply utilities as part of the tenancy?

.

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thanks

Barrister

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Lawyer: barristerinky, Attorney replied 10 months ago

Hello,

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Are you with me online?

.

.

Barrister

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Customer reply replied 10 months ago
No notice sent yet not sure where i stand legally to have them leave
Lawyer: barristerinky, Attorney replied 10 months ago

Ok, first off you are legally their landlord so you have to do just what a landlord would do. You start out by giving them a written 3 day notice to pay rent or vacate. If they don't pay in full within 3 days after the day you give them notice, you can then file a formal eviction action in court.

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After the 3 days have run, you can go to court to file a complaint for eviction. The clerk will then issue a summons and the tenant has 5 days to respond. If tenant doesn’t respond, the landlord can get a default judgment. If tenants respond, a hearing is scheduled for some later date. After the hearing or default judgment, if the landlord wins, he can get a writ of possession which would allow him to have the sheriff put the tenant out 24 hours later.

If they actually paid the full rent, then you can just give them a written 15 day notice to terminate their month to month tenancy and vacate and then evict through the same process above.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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