Lease Mix Up (by HC [FL]) Apr 13, 2016 1:13 AM
Lease Mix Up (by AAAB [MA]) Apr 13, 2016 4:29 AM
Lease Mix Up (by cjl [NY]) Apr 13, 2016 7:54 AM
Lease Mix Up (by HC [FL]) Apr 13, 2016 7:04 PM
Lease Mix Up (by BRAD 20,000 [IN]) Apr 13, 2016 9:58 PM
Lease Mix Up (by Lori C [CO]) Apr 14, 2016 8:12 AM
Lease Mix Up (by HC [FL]) Apr 15, 2016 5:12 AM
Lease Mix Up (by Rocking Bear [FL]) Apr 16, 2016 5:01 AM
Lease Mix Up (by HC [FL]) Posted on: Apr 13, 2016 1:13 AM Message:
State Specific Question About: FLORIDA (FL)
I'd been in talks with my not-so-stellar-tenant of 3 years about 'needing to vacate my unit for updating' when I really just felt it was time for him to move on. I didn't want to renew his lease, which ends April 15th this year. However, I got mixed up, because the Association requires a renewal lease in January and then planned to just terminate his lease after a couple months, since my specific lease states and he signed, that I can terminate anytime.....Not only did the Association remind me that I shouldn't submit a new lease for him and that I should just request the 'favor' of Association to let him 'find a new place' from January through April 15th, but also I was advised that a lease cannot be terminated and is valid for a year (as it stated). It took me WEEKS to force tenant to finally sign it when I mistakenly thought I HAD to have a new one in January, and then I immediately advised him it had been an error of mine and that I was cancelling it. He hasn't insisted, but if I insist on him vacating this week, he COULD technically insist he has a year lease, couldn't he? He's really a problem tenant anyway. How do I legally get him to LEAVE NOW? He says he's not ready yet, even though in writing (email) I already gave him 3 months notice!!!!!! --216.189.xxx.xx |
Lease Mix Up (by AAAB [MA]) Posted on: Apr 13, 2016 4:29 AM Message:
Sounds like you need an attorney --98.229.xxx.xxx |
Lease Mix Up (by cjl [NY]) Posted on: Apr 13, 2016 7:54 AM Message:
Yup ... get an attorney and make sure they have all of the information necessary to make an informed opinion. Right now you have a "he said/she said" situation and I really think you need someone that knows and understands the law.
If you are "stuck" with this tenant due to what occurred - I would definitely ask the attorneys opinion/seek their advise as to how you can get the tenant out (maybe not next week - but even if it's another month or two). There has to be some kind of a lease clause or situation that you can just file for eviction on.... meaning something that the tenant will do/won't do that you can act on I mean. --69.201.xx.xxx |
Lease Mix Up (by HC [FL]) Posted on: Apr 13, 2016 7:04 PM Message:
Well my current lease wording specifies 'can end the lease arrangement anytime', even though I've had comments that in Florida it doesn't work that way, I believe that in court, whatever's in the lease and signed for by both parties holds, no? --216.189.xxx.xx |
Lease Mix Up (by BRAD 20,000 [IN]) Posted on: Apr 13, 2016 9:58 PM Message:
HC,
Did YOU sign the new lease?
People tease me about this but I do not sign new leases for this very reason.
Everything is negotiable. Talk to him. Maybe he wants out. If he is not paying well, ask him to leave. Or give a version of Happy Clause "Joe, Obviously things are not working out. You'd be happier somewhere else. Leave the place clean and I'll release you from the lease."
I doubt your condo assoc can chain him to the house and make him stay.
Thank you another reminder of why I don't mess with HOAs!
Dig in and sort this out.
BRAD --73.146.xxx.xxx |
Lease Mix Up (by Lori C [CO]) Posted on: Apr 14, 2016 8:12 AM Message:
What Brad said--
Also "can end the lease arrangement anytime"--I would not think this verbiage would hold up in any court, no matter what your HOA is telling you or how much they bully you---you must follow your court's laws on renters rights. You need to change your lease stating xxx days notice on a MTM or XXX days notice on a year lease, etc---to comply with state laws.
If he is now on a MTM and you want him out, in Colorado you do not have to have a reason to terminate the lease--you would just give him the required # of days notice, in writing, then the lease terminates and he is required to be out or you can start eviction. Sounds like you are going to have to work with this guy on a "happy clause" to get him out if he is tenant law savvy.
--65.114.xxx.xxx |
Lease Mix Up (by HC [FL]) Posted on: Apr 15, 2016 5:12 AM Message:
We emailed the lease back and forth and filled in the blanks instead of signing. That's how we've always done it. He would rather not end any lease. Then he can stay and continue the same game for another year with me; each month me begging him to pay on time, him being late and saying lewd things like 'honey just come over and I'll take care of you...' and me telling him I have a significant other and threatening to evict him AGAIN and then he pays. --72.46.xxx.x |
Lease Mix Up (by Rocking Bear [FL]) Posted on: Apr 16, 2016 5:01 AM Message:
1. learn our states LL/tenant laws.
2. don't chase rent, it is due when due and then out comes the three day notice to boot a jerk.
3. refine your lease. --71.1.xx.xx |
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