Tenant is late with rent every month and is now avoiding Landlord
Hi, I think I might have a complicated question but am hoping someone out there knows the answer to this.
I own a property and entered into a month-to-month lease with the Tenants (Husband and Wife). Generally, in my state (Florida), I am legally required to give a fifteen day notice to the Tenants if I want them to vacate the property. The lease is actually Tenant friendly. I agreed to give them a 60 day notice if I should decide to end the lease (that is gving them more than ample time to find another place). The problem here is that these Tenants have been taking full advantage of my generosity throughout the entire time they have lived there and have been VERY late on the rent every month. Without going into exhaustive detail, the checks have been "lost in the mail" and other excuses. This last month, I agreed to accept partail payments throughout the month and the rent didn't get paid until the 20th (they still owe $50). I have phoned and phone to inquire about when they are planning to pay the remainder but they are avoiding my calls and emails. I want to evict them and have a strong feeling that they will be late again next month, giving me full right to start eviction after the fifth day. So, after all of this, here is my question. At the point and time when these tenants stop honoring their obligations of the lease (by not paying on time), may I then stop honoring my terms of the lease (giving them a 60 day notice) and then submit a 15 day notice to vacate (month-to-month requirement) to get them out, or am I stuck with having to honor the lease to which I agreed initially. Seems that I would have the right to void the contract when they don't pay on time. If anyone knows the answer to this, please help! Thanks in advance