State Specific Question About: FLORIDA (FL)

I have a home that is rented month to month with a lease to a mother and 4 children. They have already broken a window and ripped a door off the hinges and had the sheriff's department called twice (they've only been their less than 1 month!) I have now found that there are 3 other adults living in the home that are not listed on the lease. I have downloaded the forms for the 7 day notice to cure or eviction will be filed, but is it necessary to do that on a month to month in the state of Florida? I found a form online for non-renewal of lease where I could state to leave by April 30. Does anyone know if I can use that??

Month to month - you'd have to verify your state law, but I'd give a notice to cure or quit ALONG WITH a 30 day notice.

Then when they don't pay May's rent on the first you can start an eviction for non-payment, and if they are still there by the end of May on June 1st you can start a holdover eviction.

You are covered three ways. This is the beauty of m2m and why I started only offering it to new residents until they prove themselves for 3-6 months.

I would ALSO give them bills for the damages right away - this is not a security deposit issue - charge them for repairs immediately and demand access to make repairs.

ALSO give them a notice of unregistered occupants.

Did you screen these people?

My application and rental states in numerous places - "Do you intend to have anyone else move in with you, or visit for extended periods of over 72 hours?"

It also states and they sign in several places that they understand falsifying the application is grounds for termination of lease.

This is what I'm going through right now with one of our Tenant's. We are M-T-M also, this is one letter I sent him for unauthorized guests.

_________________________________________

April 11, 2012

Frank Vxxxx

615 Charlie Street

AAXXAA, Texas 78xxx

Ref: Unauthorized Guests

To Mr. Vxxxx:

The residence was leased to Mr. Frank Vxxxx and not to any other persons to be staying at this location on a permit basis. Any others person’s at this location is trespassing and needs to be removed from the property. Mr. Vxxxx is now in default of the lease agreement.

The Guests has until 5:00 pm, Friday, April 13, 2012 to vacate this residence. The AAXXXAA Police department will be notified there are unauthorized people staying at this address.

This residence is not able to house more than two people at this location. AAXXXAA Rental Properties was told that Mr. Vxxxx had children that would visit only on holidays. This means only two – three day visits for the holidays.

If this matter has to be taken to court to have the people/person removed then the Landlord will have everyone at this address evicted from this residence.

The unauthorized people are to be removed by 5:00 pm, Friday, April 13, 2012, if they are not removed by said date and time the Tenant will be in default of the lease agreement. A thirty (30) day termination notice will be sent to vacate the residence if this matter is not resolved by April 13, 2012. If the Tenant does not pay for May 2012 rent an eviction for non-payment of rent will be issued.

The keys to the residence will need to be returned on Thursday, May 31, 2012 by 6:00 pm once a Termination notice has been sent.

AAXXXAA Rental Properties is sending a copy of this notice to Blue Bonnet Trails for notification the Tenant is to vacate the residence by May 31, 2012, if the unauthorized Guests are not removed.

This is a month-to-month rental and if you are not going to comply with the above request then your right to occupancy will be terminated. AAXXXAA Rental Properties is open the last day of each month from 3:00 - 6:00 pm for key returns.

If at any time AAXXXAA Rental Properties receive any other information about unauthorized people staying at this residence a termination of occupancy notice will be sent to vacate this residence.

Any questions please call (555) 555-1234.

Your attention to this matter is greatly appreciated,

Melissa HXXXAA

LL Representative

Per the letter I sent on April 11, 2012 -- the guests did not leave.

Sent this notice for termination of occupancy. This guy moved in eight ppl to a one brm house that is a very small one brm house. He was the only one to be there on a permit basis.

_____________________________________

April 14, 2012

Frank Vxxxxaaa and All Others

615 Charlie Street

AAXXAA, Texas 78xxx

NOTICE FOR TERMINATION OF OCCUPANCY

To Mr. Vxxxaaa and All Others:

Effective April 14, 2012, A A XXAA Properties, is giving the Tenant a forty-eight (48) day termination of occupancy notice to vacate the premises. The Landlord has terminated your right to occupancy at 615 Charlie Street, AAXXAA, Texas 78xxx. The Tenant is now in default of the lease agreement.

The Tenant was given notice on April 11, 2012 to have the unauthorized guests removed from the residence by 5:00 pm, April 13, 2012. The residence is too small for the large number of people at this location. Per the letter the Tenant was to comply with the request of having the Unauthorized Guest removed. By not complying with the request to have the Guests removed has now put the Tenant in default of the lease agreement with a Termination of Occupancy letter being submitted.

The Tenant is still held responsible for the month of May 2012 rent. If the rental payment of $325.00 is not paid by 8:00 pm, May 3, 2012, your right to occupancy will be terminated for non-payment of rent.

The keys to this residence are to be returned to Gonzales Rental Properties office by 6:00 pm, May 31, 2012 with stipulation the rent was paid for May 2012. Please have the property cleaned of all personal items and refuse before the keys are returned.

The Tenant is to quit and surrender the property back to the Landlord as stated above. If the keys are not returned as stated above the Tenants will be consider in a hold-over status and charged accordingly.

The Tenants are paid up until April 30, 2012 AAXXAA Rental Properties will be open for any key returns from 3:00 - 6:00 pm, Monday, April 30, 2012. Keys are to return by 6:00 pm, Monday, April 30, 2012 if the Tenants are not paying for the month of May 2012.

In the event of your failure to vacate the premises the Tenant(s) shall be subject to Lessor's rights to commence an action for unlawful detainer as provided by applicable law.

Should it be necessary to evict you and your property remains on the premises, please be advised that the law allows that Lessor shall be entitled to reasonable storage costs of your property until such property may be removed.

If Tenant does not notify Landlord of vacancy then Tenant will be acknowledged as having abandoned the above residence. Your belongings may be stored for three (3) days, and then sold for any past due rental and additional fee charges. If the property is deemed unsalvageable then the property will be considered refuse and disposed of accordingly.

Any questions please call (555) 555-1234.

Your cooperation to this matter is greatly appreciated,

Melissa HXXXAAA

LL Representative

What does your lease say about notice to move. If your lease says 30 days writen notice you will have to give them 45 days notice. Florida law states that the landlord has to give 15 days notice more that what their lease says for either to raise the rent or notice to move out.

Or you can see if they pay you May rent on time. If they do not give them a 3 day notice to pay rent per Florda Statutes 83.56.

You can give the a 7 day right to cure about the extra persons living in the property and the broken windows ( give them seperate 7 day notice for each item).