I am landowner in Florida and a prospective tenant verbally accepted to rent house I own. I mailed lease which states first last and security are due upon move in. Tenant mailed back signed lease with only first month rent and tenant got keys from previous tenant who was moving out. Now tenant in house. I have not cashed tenant check. Do I have to evict tenant when lease clearly states first/last/security are required before move in?

I would talk to him and see why he hasn't paid and when he 'figures' he plans on paying then if it can't be worked out to your satisfaction then evict him. He may just be waiting on a check and have it by the time you would go through the eviction process, although he should have included a note with his payment if that is the case. Some landlords will even break the last/deposit payments down into the first three months, but if you can see he is going to be difficult I wouldn't work with him on that. Also if and when you do cash the check make a notation on the check that the last/deposit still due.

Quote:

---

Originally Posted by samson3313

I am landowner in Florida and a prospective tenant verbally accepted to rent house I own. I mailed lease which states first last and security are due upon move in. Tenant mailed back signed lease with only first month rent and tenant got keys from previous tenant who was moving out. Now tenant in house. I have not cashed tenant check. Do I have to evict tenant when lease clearly states first/last/security are required before move in?

---

I would first ask him what's going on - maybe he's going to hand you the rest of the money when he sees you - or maybe not.

I don't think he has to be evicted - he didn't meet the terms of the contract (the lease) and he is presently a squatter. I would ask the local Police if they care to get involved or ask an Attorney for advice.

I had a very similar situation, the Police considered the tenant to be a trespasser and arrested him, advised him to get out (which he did). It was a minor charge, of course, but he didn't want the hassle.

They are in, and paid, what they are right now, are behind in their payemnts, they owe you the other money. You go to them and demand the payment, if they don't pay, they are in default and you can start eviction proceedings

I would call the police immediately and tell them this person has illegally entered your property and ask them to remove him.

The key (pun intended) is that you never turned over the keys. The previous tenant was wrong (and you can sue them) for turning over the keys to him. But since you never turned over keys to them the lease was never completed and they are there illegally. I wouldn't ask then anything or wait any longer. Someone who goes behind your back like that is NOT somneone you want as a tenant. The longer you wait the harder it will be get them out.