[kbeckmw]

I have a mobile home that I have rented out. The tenant has not had any electric on in the home since October. My neighbors have also told me that no one has been staying in the residence since the electric was shut off in October. When I have spoke to the tenant they make it sound like they are still in the residence. Rent has been due since December 3rd, I have made numerous calls and they tell me the rent is in the bank. I called the bank and nothing has been paid. I keep getting the run around. My question is would this fall under the tenant abandoning the property? It is located in Florida,

[AK lawyer]

It is a matter of determing who is telling the truth. You should inspect the property and determine for yourself if they are still living there. Are their personal possessions still inside? If so, it is less likely that they would be considered to have abandoned it. And other clues may tell you as well if they have been there since October or not.

December 3 was yesterday. So you are telling us that they are one day behind in the rent? That is enough to serve them with a pay-or-quit notice. And, if you want them out, you can give them a 15-day notice as well. Make sure both notices are in writing.

[ma0641]

Rent is only 1 day late. This is not abandonment. Maybe he is on vacation in Hawaii.

[ScottGem]

I'm wondering if you put in the wrong date. As noted Dec 3rd was only the day prior to your posting. Please clarify this.

But the bottom line is that it doesn't matter whether its abandonment or not. You still have to go through the eviction process. You have to give them a written notice to vacate. That could either be a 3 day pay or quit notice (giving them 3 days to pay in full or vacate) or a 15 day vacate notice (if they are on a month to month basis). If they have not vacated by the deadline, then you have to go to court for an eviction order.

[AK lawyer]

But the bottom line is that it doesn't matter whether its abandonment or not. You still have to go through the eviction process.

Incorrect. If, in fact, tenants turned off the power, left in October with their stuff, and never came back, abandonment would be pertinent. If abandonment has in fact happened, OP would not have to got through the eviction process.

That is why I have suggested that OP do further investigation.

[ScottGem]

Good point. I was focusing on the Dec 3rd data assuming they had paid rent for Nov.