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    anilkumar57's Avatar
    anilkumar57 Posts: 5, Reputation: 1
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    #1

    Jan 24, 2011, 05:10 PM
    Illigal occupancy in Florida
    My tenant had a one year lease in my condo in Miami.She stopped to pay the rent after a few months and failed to reply to any correspondence when contacted by my realtor.Apprently she has not paid the rent arrears and moved into another condo in the same building.
    When my agent went to check the apartment to re let it,there seems to be someone living there ,unauthorised.
    What can I do ?
    Thanks
    anilkumar57
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 24, 2011, 05:16 PM

    Hello a:

    Call the cops and have them remove the trespasser.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 24, 2011, 06:07 PM
    Quote Originally Posted by excon View Post
    Call the cops and have them remove the trespasser.
    And of course sue the tenant for all unpaid rent.
    anilkumar57's Avatar
    anilkumar57 Posts: 5, Reputation: 1
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    #4

    Jan 24, 2011, 06:11 PM
    Comment on excon's post
    Would the cops come at the request of the Condo Association ?Or are there many formalities?Thanks kind Sir
    anilkumar57's Avatar
    anilkumar57 Posts: 5, Reputation: 1
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    #5

    Jan 24, 2011, 06:15 PM
    Comment on AK lawyer's post
    Are you a practising lawyer in Miami ?How much approx.would it cost to sue the deliquent tenant please ?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jan 24, 2011, 06:19 PM

    Hello a:

    They're not committing a crime against the association. They're committing a crime against YOU. So, you're the one who has to call. There's not going to be any paperwork... If there's a crime being committed, the cops will get into their cars and STOP it.

    I don't think they'll actually DO that, but it's certainly the FIRST thing you should try.. I think they SHOULD do it, because these people are clearly NOT your tenants. The cops may not see it that way.

    If that doesn't work, you need to evict the occupants... Your agent can do that - as long as you trust him.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 24, 2011, 06:23 PM

    Before you call the cops you need to find out how they came to be there. They could be a victim of fraud as well. But you do tell them that they are there illegally. You may offer them a legitimate lease or tell them to vacate.

    Depending on how much the tenant owes you may be able to sue in small claims court were the cost is minimal.
    anilkumar57's Avatar
    anilkumar57 Posts: 5, Reputation: 1
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    #8

    Jan 24, 2011, 06:31 PM
    Comment on ScottGem's post
    Thank you for your input Sir
    anilkumar57's Avatar
    anilkumar57 Posts: 5, Reputation: 1
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    #9

    Jan 25, 2011, 03:58 AM
    Comment on excon's post
    I have a contracted agent (I live in the UK)Can the agent call the Cops on my behalf?Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jan 25, 2011, 04:28 AM

    First, please don't use the comments feature for follow-up questions. Use the Answer options at the bottom instead.

    Yes your agent can call the police. But, I think he needs to find out why they are there first.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Jan 25, 2011, 06:30 AM
    Quote Originally Posted by anilkumar57 View Post
    Are you a practising lawyer in Miami ?How much approx.would it cost to sue the deliquent tenant please ?
    No, I'm not admitted to practice in Florida. As my handle is meant to suggest, I am an Alaska attorney (who just happens to be in Florida). And I'm not in Miami - long way from there actually.

    But thanks for asking.

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