I own a single family dwelling in Florida. I lease it to a tenant in May 2009 6 months. With an option to renew for 6 months but we did not put another lease in place. Now the tenant is behind in their rent and now they proclaim there are a lot of code violation. When they lease the property I had a license electrician to bring the house up to code and everything was habital to move in. They had a lot of plumbing problems in the winter and when they told me of all the problems I had the license plumber to go over to the property and correct the problem. This property was for her and her family of 4 but she has been allowing others to come and live on the property. I had a washing machine in which she was allowing several family have use of the machine, now it is broken. The tenant in now without utilities on the property. I have serve a notice for them to move off the property because they claim mold is in the house, pulled an electrical outlet out of the wall, door hinges is coming off, hole in the wall where the pipe were for the washing machine hose, cabinets falling off the wall, sink bottom is falling out. These items were all done before she moved in. She stated to me she know she can buy time by having her served by the sheriff dept. How do I get them off my property expeditely before they do more damages.

You must evict the family according to Florida law - then you sue them for the damages. The process begins with a 3 day notice. There is no way around the law.

It sounds like the damage has been going on for some time. Why didn't you evict the family before now?

They are month to month tenants now.

Florida Evictions

Unfortunately they are right to some extent. The only way to get them out is going through the formal eviction process.

You have two choices here. Serve them with a 3 day pay or quit notice (assuming they are behind in their rent) or a 15 day termination of lease notice. The disadvantage of the 3 day notice is they can pay and stay. In either case, if they have not vacated by the deadline, you have to go to your local housing court for an eviction notice. This will mean a hearing at which the court will order them to leave. They will try to show you made the place uninhabitable at which point you show your bills from the electrician and plumber to show that you have made repairs as needed. If they ignore the court order, you hire a sheriff to physically remove them.

Did you check references for this tenant? I would suspect this isn't the first time they have done this. I'm also concerned about your statement "the tenant in now without utilities on the property." Did you shut them off? If you did that is illegal and they can sue you.

The utilities was turned on in the tenant name. The tenant did not pay her utilities did not pay her utilities bill with the city.

As long as you didn't shut them off. But it does represent an interesting conundrum. With the utilities off, it makes the potential for more damage greater.

I would recommend contacting a local real estate attorney. With the utilities off you may be able to speed up the process.

No sir, I would not do a person like that. Thanks a lot you have been a big help with this matter

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Originally Posted by JudyKayTee

You must evict the family according to Florida law - then you sue them for the damages. The process begins with a 3 day notice. There is no way around the law.

It sounds like the damage has been going on for some time. Why didn't you evict the family before now?

They are month to month tenants now.

Florida Evictions

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Just found out about the damages when she received notice about their continuation of being late. I wrote to inform them as of the next month if they are late with their rent money there will be a $25 late fee and I gave them 60 days notice that the rent will increase and they got angry because I confronted them with the pay. I was working with the party but they bought another party in and began cursing me out calling my property raggedy to keep from paying me my rent. This was the first time I had heard of these infractions. I rehab the entire property before she moved in I have receipts to prove it. She caused majority of the infractions. In addition, the utilities were in her name. She could not pay the power bill so they disconnect the services. I did not do her like that

First, you haven't really answered the question about whether they are up to date in their rent or not.

However, if have given them notice for next month, then you can't use a pay or quit or lease termination notice now. You really need to consult a local lawyer before you put yourself further behind the 8-ball.

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Originally Posted by ScottGem

First, you haven't really answered the question about whether they are up to date in their rent or not.

However, if have given them notice for next month, then you can't use a pay or quit or lease termination notice now. You really need to consult a local lawyer before you put yourself further behind the 8-ball.

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We made a lease agreement in May, 2009 for 6 months with an option to renew for 6 additional months which was never confirmed with a written notice from her. We began doing it month to month, because the party had began making partial payment throughout their term at the house I did not feel right getting into another lease agreement with them. The party still owe monies for last month rent. I wrote the party a letter informing them beginning in the month of May if they pay rent after the
5th of the month there will be a $25 late fee and in July the rent will be increasing by $15 and I gave her a notice on the April 28 to pay up the rent or vacate the property but I have to give her time because of the weekend, then I will process the eviction process at the court house and from my understanding of the F.S. I rented her a single family dwelling not an apartment or condo and therefore she is responsible for the plumbing and maintenance in the house. Correct me if I am wrong.

OK, It would have been better if you had given those details in the first place. Ok so you gave her a pay or quit on Friday. Thursday morning you go to housing court for the eviction order.

And no, just because it's a single family residence does not mean the tenant is responsible for repairs to plumbing, electrical, etc. You still own the property. If you can prove any damages were caused by the tenant's deliberate or negligent action, you can bill for those repairs.

Responsible for plumbing and maintenance??

A house, if there are stopped up pipes, you fix it, if it is broke you fix it, if they did it, you charge them for fixing it.

Just found out about the damages when she received notice about their continuation of being late. I wrote to inform them as of the next month if they are late with their rent money there will be a $25 late fee and I gave them 60 days notice that the rent will increase and they got angry because I confronted them with the pay. I was working with the party but they bought another party in and began cursing me out calling my property raggedy to keep from paying me my rent. This was the first time I had heard of these infractions. I rehab the entire property before she moved in I have receipts to prove it. She caused majority of the infractions. In addition, the utilities were in her name. She could not pay the power bill so they disconnect the services. I did not do her like that[/QUOTE]

You cannot change the terms of the rental agreement without prior notice.

If you want them out, evict them.

[QUOTE=JudyKayTee;2338881]You cannot change the terms of the rental agreement without prior notice.

If you want them out, evict them.

The lease agreement expired in November,2009 and we never renewed another lease agreement therefore we are month to month so I am not changing the terms of the rental agreement.

If you are giving them less than 30 days notice of you new charge you are changing the terms of the rental agreement.

You cannot say today (May 2) that the late charge takes effect on June 1. They need a full rental period of 1 month as notice. Therefore, today (May 2) you can change the terms as of July 1st.

The terms of the lease, by the way, become the terms of the month-to-month rental unless you change them IN WRITING.

Judy is correct. On a periodic tenancy, you have to give a months notice IN WRITING of any change in terms. Until then, the provisions of the last signed lease are what matters.

[QUOTE=ScottGem;2339288]Judy is correct. On a periodic tenancy, you have to give a months notice IN WRITING of any change in terms. Until then, the provisions of the last signed lease are what matters.

I had given this notice around the 3rd of the month of April. In addition, how many days is it considered abandonment. When she got her check but made no preparation to pay her utility bill. It seems as though she has abandon the property, how many days do I have to wait.

If she is occupying the property she hasn't abandoned it. If she vacates and moves out her belongings, take pictures showing its been vacated and change the locks.

[QUOTE=ScottGem;2340751]If she is occupying the property she hasn't abandoned it. If she vacates and moves out her belongings, take pictures showing its been vacated and change the locks.

She got her monthly check Monday but made no attempt to turn her utilities back on

[QUOTE=ScottGem;2340751]If she is occupying the property she hasn't abandoned it. If she vacates and moves out her belongings, take pictures showing its been vacated and change the locks.

F.S. also states a tenant absent from premises for a period equal to 1/2 the time for periodic rental payments and it also state month to month rent you must give them 15 days notice of any changes