Evict?

[STEPHAN]

What is the name of your state? FL

We have rented a small house to a single lady. She is about 50 years old. No other people on the contract.

Just before the holidays, she was arrested. Per the court records, she was intoxicated and hit her daughter in the face. The eight-year-old granddaughter was a witness and confirmed. The tenant told us on the phone that she did not do it.

Meanwhile, the tenant was released from jail, has a CAM device. Her daughter (despite not being on the lease) claimed that she lives in the house and got a restraining order.

Tenant currently lives with her mother. Tenant refuses to pay rent as long as she is not allowed to enter the house, but it is full of her stuff. Daughter has not been seen in the house recently.

The tenant is not aware that she has paid all but $163 of her $680 rent – she did payments all the time and never looked at her monthly statements. A three-day notice expires today.

She has a public defender, but nothing is happening on her criminal case right now.

It would be easy for me to start the eviction process as the processing server only has to post on the door.

What would you do?

 

[Zigner]

I would follow through with the eviction process, but it doesn't matter what we would do. What will you do?

ETA: Since you know where she lives, I would make sure that she's personally served in addition to the posting.

 

[quincy]

I would probably evict her.

We have a clause in our leases that state any violation of a local, state or federal criminal law is a material breach of the lease and good cause for termination of the tenancy.

 

[LdiJ]

What is the name of your state? FL

We have rented a small house to a single lady. She is about 50 years old. No other people on the contract.

Just before the holidays, she was arrested. Per the court records, she was intoxicated and hit her daughter in the face. The eight-year-old granddaughter was a witness and confirmed. The tenant told us on the phone that she did not do it.

Meanwhile, the tenant was released from jail, has a CAM device. Her daughter (despite not being on the lease) claimed that she lives in the house and got a restraining order.

Tenant currently lives with her mother. Tenant refuses to pay rent as long as she is not allowed to enter the house, but it is full of her stuff. Daughter has not been seen in the house recently.

The tenant is not aware that she has paid all but $163 of her $680 rent – she did payments all the time and never looked at her monthly statements. A three-day notice expires today.

She has a public defender, but nothing is happening on her criminal case right now.

It would be easy for me to start the eviction process as the processing server only has to post on the door.

What would you do?

Well, you might want to actually tell the tenant that she has paid all but $163.00 of this month's rent. She might be willing to pay up if she knew that.

The rest of my advice depends on how good of a tenant she has been, and whether or not it would be difficult to find a new tenant quickly.

If she has been a good tenant and it might be difficult to get a new tenant, then I would evict the daughter only, so that the mother could move back in.

 

[Zigner]

I would probably evict her.

We have a clause in our leases that state any violation of a local, state or federal criminal law is a material breach of the lease and good cause for termination of the tenancy.

Even if I have a Bony Fish from Hondurus? (A violation of 16 USC 3370).

 

[quincy]

Even if I have a Bony Fish from Hondurus? (A violation of 16 USC 3370).

ESPECIALLY if you have a bony fish from Honduras. Haha.

The option to terminate tenancy remains with us but it is an option that tenants are aware can be exercised if they choose to violate laws.

 

[STEPHAN]

We would not have picked her, she came with the house. She pays. If she would move out, we would completely remodel the place.

She is month-to-month anyway, but giving her notice will not handle the problem. She can not go there. Also, she told us she will not pay until she can use the place again.

 

[Zigner]

We would not have picked her, she came with the house. She pays. If she would move out, we would completely remodel the place.

She is month-to-month anyway, but giving her notice will not handle the problem. She can not go there. Also, she told us she will not pay until she can use the place again.

It sounds as if you'd rather she be gone. Evict - it's not YOUR fault that she can't stay at the place.
I know the daughter claimed she lived there, but does she actually live there? In other words, is the place currently unoccupied?

EDIT: SHE needs to find a way to get her stuff out of the place. This is often done with a police standby. This isn't the first time somebody has had to move because of a court order...

 

[PayrollHRGuy]

If the daughter is living there will she not need to be evicted as well?

 

[Zigner]

If the daughter is living there will she not need to be evicted as well?

If she is living there, then yes, you'll need to evict.

EDIT: Let me revise that a bit. If the daughter has established tenancy, then yes, you're going to need to evict (if she doesn't comply with your proper notice of termination of tenancy).

 

[FarmerJ]

If you give to the daughter proper written notice to vacate do it via certified mail and also confirmed mail delivery , why ? because with two methods of delivery the daughter cant argue to a court that she didn't get notice (especially if she refused to sign for the certified one, which will be returned to you by USPS if she wont sign for it then you must keep it sealed in its original envelope so you can offer it to a judge if you have to go that route, You could also send to the tenant who claims she wont pay if she cant be there a proper notice to vacate same thing via confirmed mail delivery and certified mail since its not your problem if she has a restraining order to keep her away as she claims . make sure to staple your copies to your postal receipts and just be done with them.