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insearchofhelp · May 20, 2007, 05:13 PM

Hi, I think I might have a complicated question but am hoping someone out there knows the answer to this.
I own a property and entered into a month-to-month lease with the Tenants (Husband and Wife). Generally, in my state (Florida), I am legally required to give a fifteen day notice to the Tenants if I want them to vacate the property. The lease is actually Tenant friendly. I agreed to give them a 60 day notice if I should decide to end the lease (that is gving them more than ample time to find another place). The problem here is that these Tenants have been taking full advantage of my generosity throughout the entire time they have lived there and have been VERY late on the rent every month. Without going into exhaustive detail, the checks have been "lost in the mail" and other excuses. This last month, I agreed to accept partail payments throughout the month and the rent didn't get paid until the 20th (they still owe $50). I have phoned and phone to inquire about when they are planning to pay the remainder but they are avoiding my calls and emails. I want to evict them and have a strong feeling that they will be late again next month, giving me full right to start eviction after the fifth day. So, after all of this, here is my question. At the point and time when these tenants stop honoring their obligations of the lease (by not paying on time), may I then stop honoring my terms of the lease (giving them a 60 day notice) and then submit a 15 day notice to vacate (month-to-month requirement) to get them out, or am I stuck with having to honor the lease to which I agreed initially. Seems that I would have the right to void the contract when they don't pay on time. If anyone knows the answer to this, please help! Thanks in advance

excon · May 20, 2007, 05:24 PM

Originally Posted by insearchofhelp

here is my question. At the point and time when these tenants stop honoring their obligations of the lease

Hello in:

No you can't. You must still obey your end. However, if they're a minute late, you CAN evict them according to the law. Eviction is not the same as giving them notice. As a matter of fact, any mention about notice in the lease is moot once they're late.

excon

insearchofhelp · May 20, 2007, 05:31 PM

Thanks so much for the response. I'm a little confused. I have read the statutes that state that I must give a three day notice before I can file eviction. Are you saying that I can skip the notice and go straight for eviction? It would save about seven days if I could.

Fr_Chuck · May 20, 2007, 05:54 PM

Ok, first is this a month to month rental agreement or a lease, these are two separate things. If your written month to month rental agreement states something, you can change the rules of a month to month rental agreement with a 30 day notice. You can add such things as higher late fees, and penalties for being late with a 30 day notice of the new rules.

If you have a written agreement to give them a 60 day notice, then that is what you have to give. But if your written agreement is 15 days and you were just being nice and "said" you would give 60, your verbal agreement is not binding over the written lease.

If you want them out, look at what being late allows you to do, and so on,
But if you have to give 60 days give it today, the longer you talk about it, the longer it takes.