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Tenant signed letter letting her out of lease due to her smelling smoke from other side. Did not move by the date. Can I evict?

Orlando, FL |

I agreed to let her out of lease and I would refund 1/2 of Dec. rent to get rid of her. Full deposit return. She texted me on 12/27/12 and said she would move if I gave deposit back and half of Dec. rent. I agreed because I want her out. Could not reach her on date she was to move. Called me 1/1/13 said she may not move. She has threaten me many times of sueing me. I have now 100 texts and saved messages of her threats. Unit is older, but in good condition. At the time of move in I had installed tile thru-out unit. Newly painted and clean. She has harassed tenant next door, and calls and texts me every day, many times early as 6:30 AM. How quickly can I evict her since she violated our written agreement?

Attorney Answers 3


Okay, if I understand this correctly it appears that you signed paperwork with your tenant that cancelled the lease agreement. At that point the lease reverts to a periodic lease (like a month to month tenancy at will.) Under these circumstances you can terminate the lease per statutory requirements and ask her to leave. (I'd need to see the lease agreement and the agreement to terminate the lease agreement to be sure.)

If she does not leave you will have to give her notice and then if she does not place you in possession of the property in a cooperative manner you can file an action to evict and ask for court costs (and possibly attorney fees) as well.

I recommend you save the text messages for an attorney to help you out. It sounds ultimately that you have a complicated landlord/tenant (contract) issue.

I do not recommend handling this yourself. Under certain circumstances a tenant can sue you for violating her rights and you may end up owing her what we can treble damages (three times the monthly rent.)

Consider getting an attorney, sometimes a simple demand letter can get a tenant to simply vacate and turn over the property to you. (Demand letters can run from $50-$400+ depending on the attorney, so shop around.)

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at

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You should speak to an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals. It sounds like you may have reached agreement terminating the lease and she is now a holdover tenant. You can possibly seek to evict her and charge her double rent. This is a bit of a complicated situation.

Good luck.

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Depends on what the lease says and what you have put in writing. Contact an attorney sounds like you may need to evict through court

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