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15 day notice to vacate: Florida: No Lease

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  • 15 day notice to vacate: Florida: No Lease

    I want to evict one of my tenants at my property in Florida. This it not for non-payment of rent, which is current through the end of the month. There is no lease.

    The tenant is not currently at the property, but his belongings are.

    Can I simply post the 15 day notice to vacate on the property and evict him at the beginning of the next month?

  • #2
    Re: 15 day notice to vacate: Florida: No Lease

    I wish to inform you that you cannot evict the tenant like this. The premises is still under the control of the tenant. His belongings are there which shows that he is having constructive possession. Presently, the lock and key are of tenant. You may file a suit in court for eviction and rent due. In this the 3 days notice has to be given. After the notice, you can file the complaint in the court. If you know about the address of tenant at present then you can give notice to him at that place. If you do not know about whereabouts you can give a notice at the address mentioned by tenant for receipt of notices otherwise at the last known address of the tenant. Alternatively, you can post the notice at the premises and bring it to the notice of the clerk in the court for further action.

    AFF

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    • #3
      Re: 15 day notice to vacate: Florida: No Lease

      I thought that the 3 day notice was used for situations where the tenant was behind in his/her rent. This is not the case here. I simply wish to have him vacate the property within the next 15 days.

      We don't have a written agreement which states when the rent is due, but they have been paying on the 5-6th of the month. Can I use that as the beginining of the month and file the 15 day vacate notice with the Clerk of the Court while sending it to his home in Michigan?

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      • #4
        Re: 15 day notice to vacate: Florida: No Lease

        You may want to research what's called a Holdover. This may be the most appropriate way to handle your particular situation.

        Google Landlord Holdover eviction, or try this link: TenantNet - Holdover Proceedings

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        • #5
          Re: 15 day notice to vacate: Florida: No Lease

          You do not need a court action long as tenant vacates within the 15 days

          Comment


          • #6
            Re: 15 day notice to vacate: Florida: No Lease

            Originally posted by moonstone View Post
            I thought that the 3 day notice was used for situations where the tenant was behind in his/her rent. This is not the case here. I simply wish to have him vacate the property within the next 15 days.

            We don't have a written agreement which states when the rent is due, but they have been paying on the 5-6th of the month. Can I use that as the beginining of the month and file the 15 day vacate notice with the Clerk of the Court while sending it to his home in Michigan?
            I have to agree that the 3 day notice as being for where the tenant is behind in rent. A tenant at will can be given the 15 day notice as required by statute. I would to be on the safe side, send notices to both Fla. and Mich. RRR.

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            • #7
              Re: 15 day notice to vacate: Florida: No Lease

              Only sunlover's answer is correct. Please read the post carefully, The tenant is NOT delinquent in rent. The rent is paid through the month. A 3 day Pay or Quit notice in FL is only for non-payment. A 7 day Perform or Quit notice is for material lease violations, destruction to the property, disturbing the peace, etc. A 15 day notice to terminate tenancy is for non-lease tenants that you simply wish to move out without proving anything. In this case, you need to serve a written 15 day Notice to Terminate Tenancy to ask the tenant to move out. If he doesn't, you need to file eviction to get the tenant out since he would be holding over. Once that case is decided in your favor, you can ask the court to come remove the tenant.

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              • #8
                Re: 15 day notice to vacate: Florida: No Lease

                Actually the OP was correct initially, posts #5, 6, & 7 are also correct and verified the OP's question.

                Comment


                • #9
                  Re: 15 day notice to vacate: Florida: No Lease

                  Originally posted by moonstone View Post
                  I want to evict one of my tenants at my property in Florida. This it not for non-payment of rent, which is current through the end of the month. There is no lease.

                  The tenant is not currently at the property, but his belongings are.

                  Can I simply post the 15 day notice to vacate on the property and evict him at the beginning of the next month?
                  Should keep this in one thread instead of two, so we can follow better.

                  Comment


                  • #10
                    Re: 15 day notice to vacate: Florida: No Lease

                    I have same situation, but my tenant lives in the house currently. I want him out. I know after I give him the 15 day notice of termination he will not vacate. Then I will file for eviction at the clerk office. From this point on how different is this eviction process than that for non payment?

                    For non payment I know he can either pay or make a motion to dismiss to delay matters. What can they do in this case to make my life miserable after I file for eviction for termination of lease? how long should I expect this type of eviction to last? Thank you.

                    Comment


                    • #11
                      Re: 15 day notice to vacate: Florida: No Lease

                      Evictions for non-payment are quite similar to evictions for hold over tenants (which is what he would be doing after you told him to vacate.) The one big difference comes with the chance to cure. While a non-paying tenant may have the right to cure the deficiency (in some states) by paying all monies owed before court or a set out, there is NO chance to cure for a hold over eviction. The tenant, once properly notified to leave, has no chance to stay in the property. A judge merely asks if he received proper notice to vacate and you show proof of that notice. After that, the judge orders a writ of possession for you and the tenant has a couple days to get out. If he still doesn't vacate, you ask the court for a set out and have his belongings physically removed from the residence and you change the locks. It takes approx. a month from filing for the eviction to set out in many places (more or less depending on your court and how busy they are).

                      Comment


                      • #12
                        Re: 15 day notice to vacate: Florida: No Lease

                        Thanks, I appreciate your response. I should have learned this a couple of months ago. If tenant refuses to leave, when I file the eviction will the court also grant me the expenses for the eviction and any rent due? Any idea how much it will cost to file for this type of eviction in Dade county, fl. ?

                        Thanks for all the help again.

                        Comment


                        • #13
                          Re: 15 day notice to vacate: Florida: No Lease

                          Some courts use a 2 part eviction hearing. The first part is for possession only. The second part is for monetary damages. If your area uses a 2 part eviction hearing, you can ask for eviction costs as part of any damages or money owed to you.

                          If monetary damages are not part of the eviction hearing, you need to file after the fact in small claims court to get any money owed.

                          Call the clerk of court and ask how much an eviction costs to file. Costs vary all over the US, and even from county to county in the same state.

                          Comment


                          • #14
                            Re: 15 day notice to vacate: Florida: No Lease

                            Thanks. I appreciate your help.

                            Comment


                            • #15
                              Re: 15 day notice to vacate: Florida: No Lease

                              Originally posted by Unregistered View Post
                              Evictions for non-payment are quite similar to evictions for hold over tenants (which is what he would be doing after you told him to vacate.) The one big difference comes with the chance to cure. While a non-paying tenant may have the right to cure the deficiency (in some states) by paying all monies owed before court or a set out, there is NO chance to cure for a hold over eviction. The tenant, once properly notified to leave, has no chance to stay in the property. A judge merely asks if he received proper notice to vacate and you show proof of that notice. After that, the judge orders a writ of possession for you and the tenant has a couple days to get out. If he still doesn't vacate, you ask the court for a set out and have his belongings physically removed from the residence and you change the locks. It takes approx. a month from filing for the eviction to set out in many places (more or less depending on your court and how busy they are).

                              I delivered the 15 day termination notice to him today. On the notice there are no reason for terminating simply that I am terminating the lease period; I explained to him verbally that I chose not to renew the lease at the end of the period (May 1st ) if he refuses to leave I will treat him as a trespasser and will seek legal action as per florida statues. His cockie answer was: you do your thing I will do mine.

                              We have no written lease. He never gave me a security deposit and finally when we drafted a lease agreement he returned it to me today unsigned. As of today 14th he hasn't pay April's rent yet and he did not make it clear when he will pay me. On the 1st of May if he doesn't move out I will start the eviction for hold over which I was told he can not seek cure correct?

                              Please correct me if I am wrong. Can he find ways to delay this and stay extra time during the five days he has to give an answer to the court? In one of our telephone conversations a couple of months ago he tried to acuse me that I was after him because he is from Nigeria... He simply pulled this out of his sleeve. Can he try to pull some discrimination BS? My previous tenants were african american as well, so if I wanted to discriminate he would not be renting with me in the first place...
                              I thought it was my right as owner to terminate the lease with the proper notice which for month to month is 15 days. Did I need to give a reason? Thank you.

                              Comment

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