Legal Question in Real Estate Law in Florida

Ejection process or evicting a tenant who rents from landlord in landlord's own

Help me to get my tenant out of my home quickly. He moved in on 4/2/01 after agreeing to rent a room from me in my own home where I also reside, per an ad placed in our local paper requesting the 1st, last and security deposit totalling $1500 to move in. He paid me via a payroll check in the amount of $692.63, which left a balance of $807.37 owed to me from the original $1500 owed. I will go into more detail after someone gets in touch with me. Please help, he scares me.

Asked on 5/03/01, 4:49 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Ejection process or evicting a tenant who rents from landlord in landlord's

There is no easy way to remove your tenant. You must follow all procedures as you would have to for any rental. First, you must provide a Three Day Notice to the tenant demanding the balance of monies due as a result of his failure to pay the balance of the monies due at the move-in. This should also include any unpaid rent since that date. The tenant must be given three business days to either pay or vacate not counting the date of the delivery of the notice. Saturdays, Sundays and legal holidays do not count.

Second, presuming the tenant does not pay or vacate the premises, then you must file a Complaint for Eviction. Be sure to include the Three Day Notice as an exhibit and do not file until the time to either pay or vacate has passed. You must also file a five day summons in all languages required in your county.

The steps vary from there depending on whether or not an Answer is filed. You may obtain additional information from the clerks at your local county court, however, it may be advisable for you to retain a competent real estate attorney. The monies saved will be long forgotten when the case drags on.

Scott R. Jay, Esq. 305-249-8000

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Answered on 6/18/01, 8:59 pm

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Ejection process or evicting a tenant who rents from landlord in landlord's

In addition to the advice provided by attorney Scott R. Jay, which is right on point, you should seriously consider calling the police if you have reason to be scared of the tenant and especially if you fear for your safety. Your safety, and the safety of others in your family that may reside with you, is more important than collecting unpaid rent from a bad tenant. Even if the tenant ultimately pays you all of the outstanding rent, you should still consider terminating the lease, which is fairly easy for both tenant and landlord to do if the lease is a month-to-month tenancy. Good luck.

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Answered on 6/22/01, 10:55 am

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