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-   -   Can't fimd lease (https://www.askmehelpdesk.com/showthread.php?t=268318)

  • Oct 11, 2008, 05:13 PM
    dspanngould
    Can't fimd lease
    Revised tenants lease and now I can't find a copy to start eviction, does this cause a problem in the state of Florida.
  • Oct 11, 2008, 07:18 PM
    Fr_Chuck

    Well ifyou don't have a copy of the lease to prove you had a lease, to prove the terms of the lease, or to prove the violation of the lease.

    Well yes that sort of changes it to a month to month rental unless they will merely accept the fact they were in a lease. But it takes away your other defense.
  • Oct 12, 2008, 02:15 PM
    rockinmommy
    Well, legally, you would need that lease to enforce anything in it. That said,.

    You can still enforce any of you state's landlord / tenant laws. All of those still apply.

    What was revised? Do you have the copy of the original lease?

    Here's my opinion, and that's all it is - just my opinion. I would proceed as if you have the lease. In all of the evictions I've filed for, I don't believe I've ever had to physically show the lease. It usually doesn't even get to the point where you'd have to anyway, but if it did get to the hearing and the person showed up to defend themselves I guess you'd be at the Judge's mercy.

    Did you say, is this for non-payment, or some other reason? What do you think the tenant will do? Bail out, or try to fight it?

    I'm not suggesting you lie. If and when you're asked for your lease I would show them whatever you have or tell them what happened. But until you're actually asked for it, just keep forging ahead until you have to produce it.

    Do you think you can find it?

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