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My tenant was notified in writing three months before her…

Customer Question
Hi! My...

Hi! My tenant was notified in writing three months before her lease expired that her lease will not be renewed (9/30/17). She refused to move out because she said she hasn't found a place to stay. I just learned she has a history of doing this. She tried to pay me September's rent (9/4/17) but I refused it and told her I do not wish to renew her lease or extend her stay. I have no idea what my next step should be. I want her gone IMMEDIATELY. Thanks. *****: Because laws vary from place to place, can you tell me what state the property is in?

I am in Broward County, Florida

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

There were a few maintenance issues (carpet when she first moved in. I cleaned it before she moved in. I gave her the key two days too soon and the a.c. was on drying the carpet and without me knowing she turned the air off so the carpet had a smell. I honored her request to put carpet fresher on it but that didn't satisfied her so I got Stanly

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

Clearner to reshampoo the carpet. washing machine. It is a heavy duty machine and she wanted me to change and I told her no because its not broken and it works well. These issues took place early during the lease.

Submitted: 10 months ago.Category: Landlord-Tenant
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10/3/2017
Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,892
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago

Good afternoon. I certainly understand the situation and your concern. The tenant would now be holding over. Florida Statute 83.58 allows the landlord to recover possession of the premises and also recover double the rent due for the period the tenant wrongfully refuses to vacate. If you are a landlord potentially seeking double rent, you should provide the holdover tenant with a 3 Day Notice To Holdover Tenant demanding double rent or possession of the premises within 3 days. Please keep in mind that this is different from a 3-Day Notice for Nonpayment of Rent, and that this 3 Day Notice to Holdover Tenant is not required if you are only suing for possession in your eviction. The first step is to draft the holdover eviction lawsuit (this is called a “Complaint”). In the Complaint you will need to state the elements of your case that authorize the recovery of the property. You want to allege the existence of a landlord/tenant relationship, allege whether the tenant had possession under an oral or written lease, allege how the lease was terminated, and allege that the tenant did not vacate the premises upon termination of the lease, and is therefore a holdover tenant. You also have to tell the Court what you want the Court to do: in this case, it’s to recover the possession of the premises. Also, make sure you attach to the Complaint a copy of the lease (if it’s a written lease) along with any relevant notices you served on the tenant. Once the tenant has been served with the eviction lawsuit and a summons, the tenant has 5 business days (excluding weekends and legal holidays) to file an answer to the lawsuit. If you included other claims in your complaint (such as money damages) then the tenant would have 20 days to respond to these other claims. If the tenant fails to respond, then the landlord may obtain a default for possession after the 5 day notice period, and a default money judgment for any other claims after 20 days. If you are a landlord and the court decides in your favor, then the next step would be to apply for a final judgment, and then obtain a writ of possession. Like any other eviction proceeding, the writ of possession is what gets your tenant out of the property. The writ describes the premises and commands the Sheriff to put the landlord in possession after giving the tenant 24 hours to vacate. The clerk of court may have the forms for you to fill out and file or you can retain an attorney and have them handle it and recover the fees from the tenant.

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Customer reply replied 10 months ago
Are you local? I wish to obtain a lawyer to handle this issue for me. I want someone that is local.
Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago
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Customer reply replied 10 months ago
I am a senior citizen and I need to save what little I have for the attorney fees.
Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago
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Customer reply replied 10 months ago
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Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago
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