State Specific Question About: FLORIDA (FL)

For various reasons of exasperation with the 'tricky' tenant, I have both texted and emailed the tenant today that I no longer wish him as a tenant (without giving the reason, as he knows) and that I will be delivering him a letter to confirm this.

His short reply was first 'I'm confused...?', then when I explained and asked 'do you understand?', he never replied, which is the fashion of communication he has been using with me for over two months now, as well as throwing in a problem or two (since internet is insecure, I will not detail that here).

Whether he pays next week for month of October is irrelevant to me, as I do not wish to change my mind even if he continues playing ignorant.

Point is really....I have done an eviction before for a NON PAYING tenant, but not a more or less PAYING one. I don't think 3 Day Notice is for paying tenants, is it? I asked the police, and they stated I would indeed issue the 3 Day Notice, decline the money (even if it is deposited in my account), and follow up with a Court Case. Is this CORRECT?

I don't think that you can evict a compliant tenant, one with a lease without cause.

Why should you be able to terminate a contract at will?

It goes the other way as well, meaning of the T wanted to leave they could not...not without consequences.

If there is just a M2M tenancy, then follow your State laws and bid them good bye.

I have a problem tenant that pays on time and keeps the house very clean. I had a long talk with my eviction attorney and he did not feel that it would be an easy case. It would totally depend on the judge we got. He certainly didn't feel comfortable. (Sarasota County)

We decided, instead of going after an eviction, to not renew the lease when it is due this winter.

I am assuming you must be month to month or you would be planning to just not renew a lease.

My state has an unlawful detainer action where it is not money that is the issue. No reasons have to be given. Check what your state has.

Here you can give proper notice of termination. How long that is depends on your state and your lease. If the tenant hasn't moved out by then, you file an unlawful detainer. In my state, a tenant who doesn't move out after proper notice becomes liable for double rent for the holdover period. It is a little trickier than the standard eviction in which the tenant owes you money.

Breach of Lease is the only way to evict a tenant with a valid lease. They either breach it by not paying rent, or by not complying with the other terms and conditions they signed up to.

If you just don't like them, you are SOOL because it's business, not pleasure that you are conducting here.

Ditto what WMH said.

If the tenant is on a Month to Month agreement then just give notice of end of tenancy. If they don't move then you can evict for cause. The cause is they didn't move when you told them to.

WMH: ++.

If the tenant is on a lease, he has the right to remain in the property until the end of the lease, unless he breaches the lease in some substantial manner.

Does the tenant have a Lease? You can't just oust him without a breach. You have to give proper Notice of Termination.