Legal Question in Real Estate Law in Florida

eviction

I have a tenant that had a month to month lease that expired 3/1/07. They have not paid rent for March and have refused to pay. They currently do not have a curent lease for the property. I want to file eviction but have a question as to if the filing should be based on non payment or expired lease. Please advise


Asked on 3/28/07, 6:44 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: eviction

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I would not limit myself to one or the other but rather file separate counts for the following:

1. Non payment of rent;

2. Expiration of Lease; and

3. Holdover tenancy (which provides double the normal monthly rent).

Make sure you have served a proper Three Day Notice on the tenant prior to filing or the case may be dismissed on a technicality.

I would strongly suggest that you retain an attorney to represent you in this matter. The court has the authority to award attorney's fees under Florida Statutes.

Scott R. Jay, Esq.

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Answered on 3/30/07, 3:48 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: eviction

Proceed based upon hold-over status. If you do it right, you may get double rent.

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Answered on 3/29/07, 2:39 pm


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