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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37097
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a tenant that has not signed a new lease. its a week

Customer Question

I have a tenant that has not signed a new lease. its a week to week agreement. this tenant has threatened me with code inforcement to burn my property and has a unregistered non working vehicle he stuck behind my garage without permission. I don't know what to do.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has any paperwork been filed?
Customer: i don't have a lease to file and was told to give him a seven day notice i don't know
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

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 research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If this is a week to week tenant, then you can give him a written 7 day notice to terminate his tenancy and vacate. If he doesn't move out, you can then file a formal eviction action in court to get a judgment against him.

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After the 7 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, you can get a default judgment. If tenants respond, a hearing is scheduled for some later date. After the hearing or default judgment, if you win, you can get a writ of possession which would allow you to have the sheriff put the tenant out 24 hours later.

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As an aside, in addition to being an attorney, I have also been a landlord for over26 years...

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thanks

Barrister

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