I had a signed lease with my renter from March 2006 to October 2006. In September he failed to pay rent due to him trying to get his son from Social Services. We verbally agreed to extend the lease to a month to month basis and him adding an additional $50.00 per month to make up for Septembers payment. Every month rent is about 1-2 weeks late. I wanted to evict him, but was trying to work with him because of the situation with his son. Now he owes for February 2007 as well and I can not get a hold of him. I leave messages on his cell phone every day... no response. I am done feeling sorry for him and want him out. I am not able to go to the house for another 2 weeks. What should I do in the meantime? Is there a difference in how to handle a verbal verses written lease? Can I just send a 3 day notice to pay or vacate through the mail with return receipt requested? Or should I seek an attorney?

ballengerb1

When you agreed to a month to month arrangement you need to give him a one month notice. This notice should be posted on his door and mailed certified.

excon

Hello steph:

Well, you've gotten yourself into a fine kettle of fish.

I don't think you'll need an attorney if you follow my/our directions. If you want to take the easier route, you should hire an attorney.

However, you need to learn how to be a hands on landlord. It's a business. You need to treat it like a business. There ARE rules that govern the landlord business. I'm going to direct you to them, but first I'm going to admonish you for not knowing them. You're probably a person who wouldn't play poker without knowing the rules. Yet, you'll make the biggest investment in your life without knowing the rules. I don't understand that. But, we can fix that problem.

At the top of this forum is a sticky that includes the landlord/tenant laws for your state. Within those rules, is the answer to your question, and every other legal question you might have about your business.

That said, if you're going to NOW take advantage of the law, you need to know how the law views your situation. The law says that once you have a written agreement, the law will not look outside the 4 corners of that agreement. That means, the written agreement is ALL that can and WILL be considered in court.

Therefore, your subsequent verbal agreement with your tenant is void. If your lease says that you can evict him after he is late with his rent, then you should evict him.

excon

ballengerb1

Did I misunderstand the original question?? I thougt the written lease expired October 2006. Once that lease is void the verbal month to month should have taken over, right?

excon

Hello ballengerb:

Kinda, but not really. The verbal agreement is void. But, you are right. The tenant is on a month to month basis. But, because the law says so, not the verbal agreement. ALL the other lease terms remain.

What I was referring to is the verbal agreement about paying his rent late. It's THAT agreement that's void. He has to pay his rent on the first or he can be evicted.

excon

PS> It is a shame that the landlord is going to look like she welched on the verbal agreement, but if she wants to take advantage of the law, she has to. That’s why I admonished her.

stephy99

Thank you for your help! So what I am understanding is that since he has not paid rent for this month, I can send a 3 day notice to pay or vacate instead of a 30 day notice. Is that correct?

I lived there prior to March 2006, but was transferred to the other coast of Florida for work. I did not know how long I was staying so I rented the property to someone I, ironically, play poker with. I just decided in January that I was going to stay at my new location and sell the rental home. I wanted to talk to him in person about the situation and see if he was possibly interested in purchasing the house. Now I just want him out and sell through a realtor.

Again, Thank you for your help!!!!!

excon

Hello again, stephy:

Yes, it is correct.

excon