Legal Question in Landlord & Tenant Law in Florida

We have a tenant that we no longer want as a tenant. I sent him a 30 day notice, to vacate by Septmeber 1st. His rent is due on the 1st(he did not pay us last months rent). I am almost positive that he is not going to pay on the first, and I do not think he will move out with the notice. I do not want to wait to file the eviction papers. I can file on the fact that the term expired, but can I also check non payment? I want to do this correct the first time. Also can I file if the time period has not yet expired? or what is the best way to proceed?


Asked on 7/29/10, 12:15 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

depends on what your lease states. If you are on a month to month, then give the tenant 30 days notice. If on the 30th day they have not moved out, then you must file for eviction.

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Answered on 8/04/10, 8:34 am


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