Gave notice but didn’t leave

[Dguyal]

What is the name of your state?florida

My roommate said he was moving to his girlfriends home and still hasn’t left! Is he in violation of his agreement ?

 

[LdiJ]

What is the name of your state?florida

My roommate said he was moving to his girlfriends home and still hasn’t left! Is he in violation of his agreement ?

Have you discussed the situation with him? Is it a problem for you that he has not left? Did he pay his share of May's rent?

 

[justalayman]

What is the name of your state?florida

My roommate said he was moving to his girlfriends home and still hasn’t left! Is he in violation of his agreement ?

That can’t be answered without knowing what the agreement is.

Is this person your tenant or is he a primary tenant on the same lease as you?

Is he on a fixed term lease?

 

[Dguyal]

I have texted and spoken face to face! He said he was going to be out in 2 days and he hasn’t paid his share of rent for this month

 

[justalayman]

You failed to answer any of my questions. They are important if you want actual answers to your original question

 

[Dguyal]

Well like I said we have conversed both verbally and via text, he is a month to month sub letter, was the one who said he was moving out

 

[LdiJ]

Well like I said we have conversed both verbally and via text, he is a month to month sub letter, was the one who said he was moving out

One of the reasons why you hit reply, instead of just typing in the box, is because that quotes the post that you are responding to. When you quote the post you can see all of the questions and make sure that you answer all of them. We really need to know the whole story in order to give you any decent response, and you are not giving us the whole story.

 

[Dguyal]

He notified me on the 30th he was moving in with his girlfriend because he lost his job and couldn’t pay his rent. I need him to vacate his room so I can rent his room, I am the only person who has an agreement with the property owner and he a month to month tenant.

 

[LdiJ]

He notified me on the 30th he was moving in with his girlfriend because he lost his job and couldn’t pay his rent. I need him to vacate his room so I can rent his room, I am the only person who has an agreement with the property owner and he a month to month tenant.

Then give him a 3 day notice to quit or pay his rent. If he doesn't leave, file for eviction.

 

[Dguyal]

Then give him a 3 day notice to quit or pay his rent. If he doesn't leave, file for eviction.

Already gave him a three day

 

[LdiJ]

Already gave him a three day

Then file for eviction.

 

[justalayman]

do you want him to stay if he pays the rent or have you reached the point you want him to go?

If you want him to go, if you believe he might pay, I would hesitate issuing a pay or quit notice. If he pays, he stays.

If you believe he won’t pay, then folllow this law

3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:
You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of , (year) .
(landlord’s name, address and phone number)
(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
(5)(a) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period. If partial rent is accepted after posting the notice for nonpayment, the landlord must:
1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession;
2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession; or
3. Post a new 3-day notice reflecting the new amount due.
(b) Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes must comply with s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but must enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2).
(c) This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance.
(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).

 

[Dguyal]

I don’t believe he is going to pay, I hand delivered his three day notice, and then texted him on the fourth day either he pays his rent or he needs to leave, he doesn’t spend the night here but does come into the residence daily and he has made no effort to pack up bus belongings!

 

[STEPHAN]

Already gave him a three day

If rent was due on the 1st, a three-day notice given on the 2nd cannot be due yet. It would have to be till the 7th.

 

[justalayman]

I don’t believe he is going to pay, I hand delivered his three day notice, and then texted him on the fourth day either he pays his rent or he needs to leave, he doesn’t spend the night here but does come into the residence daily and he has made no effort to pack up bus belongings!

Then once the period has passed (as the law defines things), file for an eviction.


Here is Marion county’s website with a lightweight explanation of the process


https://www.marioncountyclerk.org/evictions1



You can check your county’s website for specifics for your county