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Evict without a lease not for non-payment of rent

Longwood, FL |

How do I evict someone from my home without a lease but is up to date on rent they have a drinking problem and it has gotten worse they are on SSI but I cannot tolerate the drinking anymore it is my home and I've asked them to stop drinking and he won't I work and it is upsetting for me and I didn't mind him drinking when he kept it in check but it is getting bad and I'am not a drinker and just want him to leave if he cannot comply with my wishes and why do I have to pay for an eviction when I'm doing him a favor something is wrong with the law.

Attorney Answers 3

Posted

Assuming that your tenant pays rent monthly then what you have is a month to month lease. You need to give him written notice of at least one month that he must move out. Since you don't have a written lease you do not have to give him any reason for the termination of the month to month relationship. You should give him written notice as soon as possible and only accept a pro rated June rent (Divide June's rent by 30 and then multiply by the number of days before the notice expires). If you accept the full rent for June you will be on the hook for another month.

Good luck. If you need any further assistance check out my website and send me an email.

The above is opinion based on very limited facts and not legal advice. This is not a substitute for a consultation with an attorney and does not constitute the establishment of an attorney/client relationship.

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Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

The notice requirement would be 15 days for a month-to-month periodic tenancy. The landlord will charge rent for each day up to the end of the current periodic tenancy, not pro-rate the rent. If rent is due on the first, the landlord will have to send a letter so that the tenant has fifteen days of notice before the first of the month. If rent is due on the sixteenth of the month, the landlord will have to send a letter so that the tenant has fifteen days of notice before the sixteenth of the month.

Posted

From what you have written, you have an oral lease with a tenant in your home.
The lease has no specified term, like a term for six months or for one year.

You can terminate the lease if you'd like for no reason or for any reason as long as it is not discrimination against one of the protected classes.

I'm going to assume that the tenant pays on the first of each month for my answer.
That means your tenant pays at the beginning of each period. Each period is one month in this scenario.

You would send him a letter stating that you are terminating the lease effective at the end of the month of May. State that you demand that he leave at the end of May. You can find the form in the Florida Statutes. I'll put the link below.
Send the letter certified mail *now* as in today or whenever you read the post.
The tenant must receive it at least fifteen calendar days before the end of the month.
Also, post / tape a copy on his bedroom door.

If your tenant does not pay at the beginning of each month, but rather at the beginning of a different period, then the amount of days changes that are necessary for notice purposes.
If your tenant is a week-to-week tenant, you must send the notice so that he receives it and has at least 3.5 days of notice before he must move.
If your tenant is a quarter-to-quarter tenant, you must send the notice so that he receives it and has at least half of the period, or approximately one-and-a-half months of notice before he must move.

If you are unsure, please see an experienced landlord / tenant lawyer and make a consultation.

Good luck!

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Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

correction to my answer: FS 83.57 states that the notice requirement is 30 days' time for a quarter-to-quarter periodic payment. Your notice demand must state the tenant's name, the premises, the date you are signing, that the lease is terminated effective at the end of May, that you demand that the tenant remove himself and all of his items and turn over keys and possession to you no later than at the end of the last day of May or 9:00 AM June 1st, 2013, your name, your address, your telephone number. mail certified so you have a record of it, mail to your own house and make sure that you mail return receipt requested, "restricted delivery" is checked on the green RRR card. Also, tape a copy to his bedroom door. Good luck!

Posted

Based upon the facts you have provided, it seems like you have an oral lease with the tenant. Since he is paying rent monthly, that makes him a month-to-month tenant. Florida Statute 83.57 requires that you provide a month-to-month tenant with at least 15 days notice, prior to the end of the rental period, before terminating the lease. If he fails to vacate after proper notice, you will have to file the eviction with the courts to get him out. Best of luck.

Disclaimer: These questions and responses are not protected by the attorney-client privilege. Additionally, my answering your question does not make me your attorney or create an attorney-client relationship. The response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida only. Please visit our website at www.moreylawfirm.com.

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