Legal Question in Real Estate Law in Florida
eviction
My tennants have been on a month-to-month verbal rental agreement since March of 2000 when their written lease expired. I want to sell the house but they will not move out. I have delivered (with a witness) a standard county and computer generated eviction notice for them to vacate in 30 days. They will not leave. What can I do? Can I move their things out and change the locks after the 30 day notice is up? Please help? Thank you.
2 Answers from Attorneys
Re: eviction
I agree with Mr. Jay. If the notice you sent was
proper, then your next step is to file an eviction
proceeding. If not, you will need to serve a proper
notice that complies with Florida Statutes. I
strongly suggest you consult an attorney.
Re: eviction
You must give a notice to the tenant that you are terminating the tenancy and that he/she must vacate the premises. The notice must be given at least 15 days before the next monthly rent is due. If your notice was properly given, then you will be able to begin an action for eviction. DO NOT evict someone without a court order. There is no provision for such under Florida law and you may be sued by the tenant.
This is a serious legal matter and you should consult a qualified real estate attorney regarding the specifics of your matter.
Scott R. Jay, Esq. (305) 249-8000
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