No Lease eviction

Hello. I have been renting out my home in FL since January because I was out of state. Our original lease was a lease/purchase option. Since my tenant could not come up with the down payment, the lease became void. I agreed to let him rent the house until I came back to FL. I called him on Sept. 28 to let him know I was coming back. I gave him until October 31 to move out. Today is the 28th and he is still there with no signs of moving. My question is, will I need to serve him a written 30 day notice before I can serve him with a 3 day eviction notice? I have an attorney in FL but I have been unable to reach her this past week. Any advice would be appreciated. Thank you

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mattnlis:
Hello. I have been renting out my home in FL since January because I was out of state. Our original lease was a lease/purchase option. Since my tenant could not come up with the down payment, the lease became void. I agreed to let him rent the house until I came back to FL. I called him on Sept. 28 to let him know I was coming back. I gave him until October 31 to move out. Today is the 28th and he is still there with no signs of moving. My question is, will I need to serve him a written 30 day notice before I can serve him with a 3 day eviction notice? I have an attorney in FL but I have been unable to reach her this past week. Any advice would be appreciated. Thank you<HR></BLOCKQUOTE>

You need to give 30 days written notice to vacate on a m/m lease. You did not have a true lease option because a lease is not cancelled if T can not come up with the downpament. A lease option is two contracts in one: a lease and an option to purchase.