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    Teach12's Avatar
    Teach12 Posts: 17, Reputation: 1
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    #1

    Jul 4, 2007, 07:59 AM
    Tennents not leaving
    Something I need to ask... Since I am haing trouble getting my tennents out, and I know I have to go through proper channels, and the lease is terminated, while I can't just put them out, is there any law that says I can't move in? This is in Florida.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jul 4, 2007, 08:07 AM
    When you say "just put them out", what do you mean? Are you talking about something like just changing the locks? If that's what you mean, forget it. That's called "self help" and it is against the law in all 50 states.

    You will have to file a lawsuit for eviction if you want to get the tenants out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 4, 2007, 09:08 AM
    Ok, the lease has expired, so they are now on a month to month verbal rental agreement. So you give them a 30 day written notice that they must move out. If they still don't, you file for a eviction with the housing court.

    If the lease is still in effect, you can not kick them out till the lease ends,
    Teach12's Avatar
    Teach12 Posts: 17, Reputation: 1
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    #4

    Jul 4, 2007, 09:20 AM
    I think my question is misunderstood... The lease is terminated, they refused to leave. Is there any law that says I can't move in? Then they can either put up with me or leave.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Jul 4, 2007, 09:54 AM
    No, you can't move in. They are still tenants. When the lease ended they became month-to-month tenants or holdover tenants. You have to file a lawsuit for eviction.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jul 4, 2007, 10:20 AM
    Quote Originally Posted by Teach12
    I think my question is misunderstood.......The lease is terminated, they refused to leave. Is there any law that says I can't move in? Then they can either put up with me or leave.
    Hello Teach:

    Is there a law?? Sure, it's called trespassing. They're tenants. It's your house but it's THEIR residence. If you go into someone's residence, the cops will put you out and maybe take you to jail.

    excon
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