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  1. #1
    marilyn3205 is offline Junior Member
    Join Date
    Jan 2010
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    Exclamation How Do I Evict a "Month to Month" Tenant in Florida?

    What is the name of your state (only U.S. law)? FLORIDA


    I am the Landlord of a month to month Tenant. I am NOT renewing their lease come February 1st and on Jan. 16th I gave them 15 day notice of non-renewal and request to vacate by the 31st of January.

    Naturally, they are refusing to leave and I would like to know what am I required to do by law.

    I've been told that I still have to give a 3 day notice. I do not understand why because come Feb. 1st there is no agreement and I do not want to collect money. However, if they stay there beyond the 31st I would like the court to require them to pay for whatever time they stayed beyond.

    If a 3 day notice is still required which one do I give? I can only find the standard one requesting money or possession. Also, can I give them the 3 day notice on Feb. 1st since they are supposed to have left on the Jan. 31st?
  2. #2
    Badbrains is offline Member
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    Jan 2010
    Location
    Dallas, Texas
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    If you want them out and they are holding over you must petition the court for an eviction. Plain and simple. Once the lease expired and you gave proper notice to vacate then you are covered.

    Do not accept the rent at any time during this process. If the resident asks why you will not accept rent, simply state that you have given them notice to vacate and have no obligation to allow residency. Provide them with a copy of a 'hold over' notice. If they ask why, always state if you have to open your mouth, that you simply want possession of the apartment as the lease allows. Never, make it personal.

    File for non rent breach of lease violation due to holding over with the court.

    If the judge asks why your are asking them to vacate all you have to say is you are within your right to give notice and want to terminate the lease (either party can) do not say anything else.

    Because of the hold over you are entitled to double rent so long as you did not accept rent at any time during 'month to month' period after the lease expired and you can ask for it at court. You don't need an attorney but if you have one you may want some basic consultation in case they pull some sort of appeal.

    If they don't pay the rent then you can go through the standard non payment of rent eviction which will be much easier, this would be the 3 day pay or quit notice. This would be more along the line if you want them to stay but do not want to 'renew' the lease.

    Good luck.
  3. #3
    JETX is offline Senior Member
    Join Date
    Jun 2000
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    Don't you just LOVE people who decide to enter the BUSINESS of being a landlord.... and have absolutely NO IDEA what they are doing??
  4. #4
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,576
    You can file for eviction with the court on Feb 1st. I would advise you to hire a lawyer this time if you want to do it right. If you learn from the lawyer, next time you will be able to handle it yourself.

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