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Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27011
Experience:  real estate law
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We have a settlement agreement from a Tampa court non-paying

Customer Question

We have a settlement agreement from a Tampa court for the non-paying tenant which required him to surrender and vacate the house on July 15. He did not. The settlement agreement has only his name on it because his was the only name on the lease. He is now claiming that he has moved out, but he has not. He says he's just visiting (all day and night) and that since his wife's name is ***** ***** the settlement she can stay there as long as she likes. They have not paid rent since last August......Help!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Samuel-II replied 1 year ago.


This is Samuel. I am sorry to hear of this matter. You will need to file for an "unlawful detainer" against anyone not on the lease who is still living there.

I do not participate in phone calls offered by this site, but give me a few minutes and I will post the procedures to do that here for you. Thanks for your patience.

Expert:  Samuel-II replied 1 year ago.

The definition of and process for proceeding on an unlawful detainer is described in Florida Statutes Chapter 82.

You will need to be able to prove to the court that

1) the person was invited into your home,

2) the person was not a tenant (did not pay any rent)

3) you asked them to leave, and they refused.

I suggest you will want to go to the clerk of the court where the property is located and request the documents for an unlawful detainer. File that against the Wife and others living there. Also file a contempt on the eviction you have against the Husband.

Expert:  Samuel-II replied 1 year ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.