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2 tenants in same home - 1 in jail on felony charges and a possible hold-over

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Junior Member
Florida --

I have mother/daughter tenants and daughter is incarcerated on felony charges until next yea. The tenants have failed to pay rent since October 15th, 2008 (they were supposed to have paid the last months rent in full but the leasing company we hired failed to collect the last half and kept telling us that the people "didn't have any money" to pay the rest of it. Ironically, the tenant in jail used to work for this leasing company.

The lease ends October 31st and we are not renewing the lease because we already have a tenant that has paid and is ready to move in Nov 1st. The tenant keeps playing games and says she will be out on a certain date but the dates come and go and she has not left. She now claims she will move on or before her lease ends, but I fear she is biding her time and waiting for a formal eviction. As of November 1st she would be considrered a hold-over tenant and Florida law says we can charge double-rent.

We plan to serve the tenant that is still in the home with the eviction and a letter with intent to sue, but can we also serve the tenant who is in jail with the eviction as well as the letter with intent to sue?

Also, since one of the tenants is in serious breach of contract for being in jail on FELONY charges, what rights do we have for a quicker eviction process even though the other tenant that remains there has a clean record?

Thank you in advance.
Last edited:

Mrs. D

Why don't you begin eviction proceedings now, since you do not have the full last month's rent payment?


Junior Member
The leasing company says we can't file for an eviction because there was already a partial payment. I had asked her if we could at least serve her the 3 day notice to pay but she claims the attorney said we couldn't do that either because of the partial payment again...

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