[InTheSearch]

My tenant is late every month and it’s getting to the point where he doesn’t return a call. Not sure if he will even pay this months rent. Checks have bounced several times, his yearly contract ended, and we are now on a month to month.

I live the Dade County Florida (Miami).

Can I write a letter of final action or be evicted?

Thank you for your response.
Mike.

[gogosean]

Does your contract cover these circumstances? Does your lease indicate the terms and conditions of the month to month situation? If not, then you have entered into the realm of an implied agreement. What you have a right to is governed by all governments that have jurisdiction over your rental property. I know this is a crappy answer, but vague agreements often require intervention.

You can take all of your evidence with you to court and wait in line on the docket to get a sense of what the judge will say. You might not like what he or she has to say, but paying someone 150 hr or 1/3 of claim might be worth it if it does not go your way.

I know what it is like to make payments on an empty house. It is not quite as bad as having to evict a deadbeat I would imagine.

Good Luck!!

[excon]

Hello In:

He's month to month. Just give him 30 days written notice. You don't need a reason.

excon

[gogosean]

And now for the dark side of reality...

Evictions are worthless without enforcement. All the renter might choose to do after an eviction letter is nothing.

Getting a ruling on law, and a bench ruling for his physical removal gives you the services of law enforcement. For your own legal and personal safety, do not physically evict on your own. It can get you sued, hurt, or worse.

My father used to evict people all the time from his homes. But guess what? He had to pay to store their crap they left in his houses!! Now the person you evicted is getting their stuff stored for free by the owners in some jurisdictions. Other tenants vandalized the house befre moving out.

The best option is to show up with a couple of cops and some friends and have the cops force him to throw his stuff out in the front yard for him to collect and leave. Get his butt out of there with witnesses, don't let him leave anything behind.

Vandalizm can run up to 20k if you get off lucky. We had one guy pour concrete in all of the toilets. Get him out. Do not give him any seconds or minutes or days to do something mean.

Get the law to do your dirty work because the renter has a lot of ways to strike back in unlawful, but unrecoverable ways.

[InTheSearch]

Yeah this is a month to month contract, that we both signed. It states that management (my self) has the right to enter and inspect premises at any and all reasonable times.

No alterations or redecorations.. to pay for all repairs and any damage, and the nonpayment of any rent due and unpaid shall be sufficient cause for eviction from said premises upon 3 days of written notice.

This contract is signed by both of us, and as I understand (might be wrong), as long as a payment is made the contracts get renewed?

Should this be enough to take eviction action?

[quaint11]

If *I* were in your shoes, I would give 30 days written notice, since there is no crystal clear violation of the contract. If/when they don't pay on-time, after being put on 30 day notice, give notice of 3 days to move. If they have not moved out by then, take record of written notices as reason to ask the court to file eviction.

The notices will serve in lieu of a violation of contract before the court.

Hope this helps!

[InTheSearch]

Thank you for your replys, I really appreciate all of your help.

I'm thinking of the best method of sending statements for payments with proof of them being sent. What I mean is, how can I prove to the court that I've been sending statements for payments? Can the post office stamp and validate a letter, and that a copy of that letter was indeed sent to the tenant?

[excon]

This contract is signed by both of us, and as I understand (might be wrong), as long as a payment is made the contracts get renewed?

Should this be enough to take eviction action?

Hello again, In:

Let me re-iterate. The contract is month to month. A month to month contract is renewed every month because both parties want it to be renewed. It can be canceled by either party upon 30 days written notice. That's what a month to month tenancy is.

What you're describing above is a LEASE. He doesn't have a lease anymore. That expired and he's now a month to month tenant. Whether he pays has NOTHING to do with whether you can renew or decide not to.

This is NOT an eviction. It's the end of your business. Of course, if he doesn't leave, THEN you'll need to evict him. But most people will leave given proper notice.

excon

[InTheSearch]

Sounds good and fair to me.

I'm worried that if I write the 30 day notice myself it may not be acceptable to the court of law. I've been looking on the internet for forms that follow the requirements for the state of Florida. As you might know, there are a lot, and since I don't mind paying for the forms, I'd like to be sure that the form I buy is exactly what I need.

Do any of you recommend a particular site for these types of forms?

Thanks again

[LisaB4657]

As excon said, give the tenant 30 days written notice that the tenancy is hereby ended. Send 2 copies of the letter, one by regular mail and one by certified mail, return receipt requested.

If the tenant hasn't vacated by the end of the 30 days then you must file a lawsuit for eviction. When the judge grants you a judgment for eviction, you then file a request for eviction with the sheriff. The sheriff will post the notice advising the tenant when the eviction will take place. If the tenant still isn't gone by that date, the sheriff will show up and stand there while you have a locksmith change the locks.

[excon]

Hello again, In:

Florida courts interpret a month to month tenancy just like the rest of the country does. I know, it may be hard for you to accept advice from some exconvict on the internet, but I've been giving landlord tenant advice here for over two years. If I was wrong, don't you think they'd have thrown me out of here by now? If I was running the joint, and I had an exconvict giving wrong information, I would have thrown him out. Wouldn't you have?

excon

PS> You don't need a form. Just write him a letter thanking him for his business, and he has 30 days to move. That's all. Nothing fancy. Send it certified, return receipt requested and keep a copy. The court will LOVE your evidence.

PPS> (edited) My friend LisaB is a landlord tenant attorney in New Jersey. She know's her stuff.

[LisaB4657]

Ya know, Excon, it's your own fault that I can't give you a greenie. You keep saying nice things about me and giving great answers to people so I've given you too many greenies and they won't let me give you any more.