How do I evict a tenant that does not have a lease with me in Florida?
Gainesville, FL |
I own the home. The tenant and I have a verbal agreement for rent. Would I use a month-to-month form to give him? Someone told me that he can stay as long as 60 days, but I believe it's 15 is that correct?
You should never have a verbal lease agreement with a tenant. It just leads to problems down the road. In your situation, it depends on how often rent is paid. Section 83.46(2) of the Florida Statutes states:
If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
It sounds like you have a month to month tenancy. If so, and the tenant is current on rent, you will need to serve the tenant with a 15 day notice under Section 83.57 of the Florida Statutes to terminate the lease. The 15 day has to be served 15 days before the next rental period (i.e. the 1st of the month). If the tenant does no move out, you can file and eviction. If the tenant has failed to pay rent, you can just serve them with a three day notice.
It is important that the notice you provide the tenant is proper. It may seem like the notice is simple and easy to draft, but there are a lot of mistakes that a well trained attorney can find that could lead to your eviction getting dismissed. If that happens, you are at risk for having to pay that attorney’s fee and the tenant’s court cost. Speak with an attorney to make sure you are on the right track and to purchase a written lease agreement.
Disclaimer: This is a public forum and questions and responses are not private or confidential or 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 must 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 should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
If the tenant pays rent on the first of the month, give him notice this week that you are not renewing the rental agreement as of December 1st, 2012.
You must send a proper notice and deliver it properly.
Send it certified mail restricted delivery addressed to the tenant at your address.
Restricted means that no one else can sign for it but that person.
You should also hand him a copy or tape it on his door.
On December 2nd, if he is still there, file a lawsuit at the courthouse for removal of tenant / possession of the premises.
You might benefit from getting a book for Florida landlords from the local bookstore or an online bookseller, just make sure it was published in the last two years and has Florida and landlord in the title.