[Reflections308]

I own a condo that I rent out through VRBO. Typical rental periods range from two weeks to 6 weeks. I have a guest that was refusing to leave at the end of the agreed upon checkout date. As the property owner with a short term rental agreement in place, what is the process of getting them out? Will local police help, or do I need to go through a Court process? Could be painful if I have back to back renters.

[cdad]

This does not show the specific law. But it does speak about it.

Vacation Florida Rental Laws | eHow


Eviction Notice



Florida law also dictates that rental properties have second lock on the final exit door that is accessible only to the management. In the case of a dispute over payment, this allows them to lock out guests who break the rental agreement. They may exercise this right only to force guests to confront them and arrange for payment.

However, if management does evict guests, they are required to formally inform the guests of eviction, orally or in writing.



Read more: Vacation Florida Rental Laws | eHow

[AK lawyer]

Don't trust a blogger who cannot put a coherent paragraph together.

The blog to which Cdad linked and which was quoted seems to suggest that OP can lock out a non-paying tenant. I don't believe that this is accurate. Try that and you may very well be sued for illegal ouster.

As far as I know, you have to give the tenant written notice and, if they haven't left in the requisite notice period, take them to court to evict them as you would any other non-paying tenant.

The florida Landlord Tenant statute (Part II, Residential Tenancies) seems to apply.

And I wouldn't bet that this excludes the OP's situation:

"83.42 Exclusions from application of part.—This part does not apply to:
(1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the provisions of s. 400.0255 are the exclusive procedures for all transfers and discharges.
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months’ rent or in which the buyer has paid at least 1 month’s rent and a deposit of at least 5 percent of the purchase price of the property.
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.
(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.
(5) Occupancy by an owner of a condominium unit."

"83.43 Definitions.—As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:
...
(10) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary.
..."

[cdad]

Don't trust a blogger who cannot put a coherent paragraph together.

The blog to which Cdad linked and which was quoted seems to suggest that OP can lock out a non-paying tenant. I don't believe that this is accurate. Try that and you may very well be sued for illegal ouster.

As far as I know, you have to give the tenant written notice and, if they haven't left in the requisite notice period, take them to court to evict them as you would any other non-paying tenant.

The florida Landlord Tenant statute (Part II, Residential Tenancies) seems to apply.

And I wouldn't bet that this excludes the OP's situation:

"83.42 Exclusions from application of part.—This part does not apply to:
(1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the provisions of s. 400.0255 are the exclusive procedures for all transfers and discharges.
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months’ rent or in which the buyer has paid at least 1 month’s rent and a deposit of at least 5 percent of the purchase price of the property.
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.
(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.
(5) Occupancy by an owner of a condominium unit."

"83.43 Definitions.—As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:
...
(10) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary.
..."

I believe what they were quoting only applies to the use of force to facilitate confrontation. It does mention that for an eviction to take place there is a different process. In the time I spent looking for what exactly that process is it seems it is a variable one that originates in the local jurisdiction and they have variable time limits in place. Anywhere from 3 days notice to 60 days.

It would be best for the OP to seek local council since they are most familiar with the rules governing that area.

[ScottGem]

I believe your situation does fall under 83.42(3) as shown.

This PDF http://www.myfloridalicense.com/dbpr...ts/2003_01.pdf cites the governing laws. If you have given then notice to vacate, you can call the police to remove them.

[AK lawyer]

I believe your situation does fall under 83.42(3) as shown.

This PDF http://www.myfloridalicense.com/dbpr...ts/2003_01.pdf cites the governing laws. If you have given then notice to vacate, you can call the police to remove them.

Good find, Scott.

"509.141 Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave.—
(1) The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest of the establishment, ... who, in the case of a public lodging establishment, fails to make payment of rent at the agreed-upon rental rate by the agreed-upon checkout time; who, in the case of a public lodging establishment, fails to check out by the time agreed upon in writing by the guest and public lodging establishment at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to checkout; ...The admission to, or the removal from, such establishment shall not be based upon race, creed, color, sex, physical disability, or national origin.

(2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows:
“You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

...
(3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) If any person is illegally on the premises of any public lodging establishment or public food service establishment, the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. ..."