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I rented a room to a tenant, no lease or written agreement.

I rented a room...

I rented a room to a tenant, no lease or written agreement. It was agreed that it would be month to month, with her payment due on the 3rd of each month. She moved in Jan 3th, and her next payment is due Feb 3th. She has now caused over $400 in damages due to urinary incontinence which she knew about, is on doctors care, didn't take her medication properly, and didn't wear any Depends protection of any kind. She ruined a featherbed, a mattress and a quilt. Plus her cat vomited, causing damage to quilt, plus her cat feces stuck on my floor. I told her she and her cats had to leave

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

I told her she had to leave by Feb 3rd, she stated I had to give 30 days notice, which made it Feb 12th. She has now spread her human feces over my floor in retation. She claims she had diarrhea, however people with diarrhea run to bathroom by shortest route, not walk back and forth thru out my living room. An article I read stated on a month to month rental, I must give 15 days, not 30 days. Who is right? 15 days notice or 30 days on a verbal rental agreement month to month?

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

There is no lease. It was agreed she would help with cleaning if I reduced her rent from $450 to $400 per month. She helped very little, leaving food on plates after she washed them, claiming she didn't see the food. She told me that in her previous rental, she was told not to do dishes because she left food. So, she was scamming me.

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

Yes, I had to call the cops on her after she smeared her feces over my floor. The cops gave her a verbal warning that it was a crime to do that.

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Answered in 4 minutes by:
1/15/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,081
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.

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Can you tell me what state you are in?

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Have you given the tenant any written notice to vacate?

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thanks

Barrister

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Customer reply replied 1 month ago
Florida, and no written notice yet. I was getting that ready now, and wanted to know if I could have her vacate on Feb 3th when her next payment is due?
Customer reply replied 1 month ago
are you still there? Did I lose connection?

Just a minute please...checking on something regarding timing..

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Customer reply replied 1 month ago
thank you.

Ok, then you can give her a written 15 day notice to vacate to terminate her tenancy..

.

So if you gave her notice today, and it has to be today... then you could file to evict her on Feb 1 if she hadn't moved..

.

See FL Statutes 83.57:

.

83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and

.

.

thanks

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,081
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you so very much.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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barristerinky
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Category: Landlord-Tenant
Satisfied Customers: 40,081
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Experience: Attorney over 17 years, landlord 26 years

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