 The tenant issues (by Nathali [FL]) Sep 24, 2016 2:49 PM
 The tenant issues (by Shaun [FL]) Sep 24, 2016 5:57 PM
The tenant issues (by Nathali [FL]) Sep 24, 2016 7:43 PM
The tenant issues (by Shaun [FL]) Sep 24, 2016 8:49 PM
The tenant issues (by Nathali [FL]) Sep 25, 2016 11:33 AM
The tenant issues (by Nathali [FL]) Sep 25, 2016 11:40 AM
The tenant issues (by Shaun [FL]) Sep 25, 2016 12:08 PM
The tenant issues (by Wilma [PA]) Sep 26, 2016 10:21 AM
The tenant issues (by Nathali [FL]) Sep 26, 2016 11:18 AM
The tenant issues (by Nathali [FL]) Oct 5, 2016 6:03 PM
The tenant issues (by Nathali [FL]) Posted on: Sep 24, 2016 2:49 PM
Message:
State Specific Question About: FLORIDA (FL)
Hi,
My tenant is refusing me to enter the property to show it to the prospective tenants. She is demanding money from me for them to leave early if I want to show the property to the prospective tenants. My lawyer sent a notice about this to her, but she never replied to it and today she is txting me and saying that she won't let anyone to enter the property until she gets paid to leave early. She is suppose to leave oct 14th next month. But after she leaves I will have to pay the mortgage out of my own pocket until i find a tenant. How can I fix this issue. She was requested to give a 60 day notice to renew her lease or to terminate her lease she she never gave me. And i in the contract it says if she doesn't give the proper notice to me I can hold her liable for paying the rent until I find a tenant. How can I claim the rent from her until I find a tenant.This is my 1st time renting so I am so stressed and unsure what to do. --98.165.xx.xxx |
The tenant issues (by Shaun [FL]) Posted on: Sep 24, 2016 5:57 PM
Message:
The answers you are seeking are located Florida Statutes 83.40-83.683. Learn these. Know them like the backside of your hand. I keep a copy by my chair. And when something pops into my head...I look it up, read it, re-read until I understand it.
I am a little confused by your post..."she won't let anyone to enter the property until she gets paid to leave early."
Is she breaking her lease or did you request that she leave?
Second why is her termination date on the 14th? Did she pick that date or did you? And if you did, FL is a term state not literal state. Meaning notices go into effect as of the 1st of the month. Not 60 counted days.
Another thing... "in the contract it says if she doesn't give the proper notice to me I can hold her liable for paying the rent until I find a tenant." that is only true if she is breaking her lease. If she didn't give 60 days notice, you can only bill her for the difference. The remainder of the 60 days(the number of days her notice was short).
I could better help you if you clarify exactly why she is terminating her contract. Early termination? Not renewing existing lease?
--173.29.xxx.xx |
The tenant issues (by Nathali [FL]) Posted on: Sep 24, 2016 7:43 PM
Message:
Hi Shaun,
She moved in on Oct 15th 2015 so thats why in the contract the relator stated that her lease termination date is on Oct 14th 2016. Until now she never gave me a written notice to not renew the lease. i sent her a notice to remind about the 60 day notice before august 14th 2016. But she never replied to it . Then about two weeks back she txt me and said she is not sure whether to terminate the lease or to renew it and asked me to let her stay on a month to month lease. But i told her i cannot do that as the association wont let me do it. Then she said she will let me know later which she never did. I again sent her a noticr and said if renewing or terminating it she should tell me about it in writting if not i will start to find a new person. She never replied to me. then on sept first week she sent me a txt and said she found a property and she is leaving before sept 15th and if she leaves before that she asked me to pay money for her for leaving early. i said i cannot pay any money and if she wants she can leave. When i asked her to let my agent show the property to prospective tenants she refused. she said to wait until she leaves. Now she didnt leave before sept 15 th nor let me show it to prospective tenants. My lawyer sent her a notice and gave 7 days to cure it and let us enter the property as she is breaking the rules in the lease. She never responded to the lawyer. And today when the agent is trying to contact her she has txt him and said she wont let anyone enter the property. and if i want to show the property i have to pay her money to leave before oct 14th. she is asking me to pay 3600. this is crazy to demand money from me to enter my own property. do u think its worth to go for an eviction or its better to wait until oct 14 th to see whether they will leave. I will now have to pay the mortage from my own pocket until i find a new tenant because of her. I am so tired of this. --98.165.xx.xxx |
The tenant issues (by Shaun [FL]) Posted on: Sep 24, 2016 8:49 PM
Message:
Ok I have a better understanding.
NO do not give her any $$$! That is Blackmail!
She is legally liable for rent until the termination of her lease. If she does not turn in her keys as of 10/14/16, or calls to relinquish the property back, she will then owe double rent until she vacates (FL Law).
I've learned to just 'walk away'. Don't engage, in other words "Don't feed the fire". However, the minute the tenant is one second late in paying, I post a 3 day notice with pictures of the notice on the door. Step one on an eviction.
Step two put my attorney on notice.
Back to your HOA...It is very common for a FL lease to have a automatic roll over into a month to month after the end of a full year. Are you sure that your HOA is against a roll into month to month after a 12 month lease vs against month to month agreement from the beginning? Double check on that. Your HOA doesn't want constant move in/move outs, which is understandable. But why would they care if someone lived at the property for 13 or more months. I've had tenants pick month to month on their Lease Renewal and are still there 4 years later.
I send out my renewal notices 75 days prior to the conclusion of the lease. I give Tenants 3 choices, all they have to do is check one of the choices, sign & date it and mail it back in the included SASE. Not usually to also get the rent check in the SASE. Free stamp for them. Wondering about the 3 choices 1) renew for a year X amount; 2) exercise lease option # to remain on a month to month at X amount (higher amount) all other terms of lease remain intact and enforceable or 3) vacate on or before date of lease termination.
In the future try to write leases to terminate at the end of a month. If a tenant wants to move in early, no problem pro rate the 1st month's rent. I've written many a lease to begin in the middle of a month, but end 12 months and X days later. For example if tenants signed a lease to begin on 9/15/16, it would terminate on 9/30/17.
Good Luck. Let me know if you need any other help. I've made my share of mistakes. Got an education the hard way! :-) --173.29.xxx.xx |
The tenant issues (by Nathali [FL]) Posted on: Sep 25, 2016 11:33 AM
Message:
Hi Shaun,
Thank you so much for the replies. I sent a notice from the lawyer. This notice was sent as she didn't let me or my agent enter the property. It says as follows: Demand is hereby given to you, in writing that you remedy this noncompliance within seven (7) days of
receipt of this notice, or your lease shall be deemed terminated, and you shall vacate the premises upon
such termination. If this same conduct or conduct of a similar nature is repeated within twelve (12)
months, your tenancy is subject to termination without further warnings and without your being given an
opportunity to cure the noncompliance.
The tenant never replied to the lawyer or to me about this. She has sent a txt to the agent saying she is not allowing anyone to enter the property until she leaves and if I want to enter the property she is asking for the money. According to this notice can I terminate her lease as she didn't cure it. If so should I let her know about it again( this notice was delivered to her on Sep 12th? As she didn't cure is the contract terminated after the 7 day period given to her. If so can she ask me for the security deposit. In the lease it says she can only surrender the property only after giving written notification to the landlord and the landlord should sign it. Is this talking about the 60 day notice she is suppose to give me to terminate the lease. As she never gave me a written notice. She txt me(but she never left as she told me.) --98.165.xx.xxx |
The tenant issues (by Nathali [FL]) Posted on: Sep 25, 2016 11:40 AM
Message:
As answers to your previous questions:
I called the association about letting them stay on a monthly agreement. They said they only allow yearly leases. But when I told the tenant if she wants to stay monthly I can let them stay but they have to sign a monthly lease, she said she cannot sign any leases. She will stay without signing anything and pay the same rent she is paying now ( I increased the rent. She refused to pay that rent). And she will leave when she wants without giving me any notice.I told her that I cannot let her stay without signing a lease and let her leave when she want without giving me any additional notice. I also had many problems with her. The neighbors complained about having teenagers smoking and using weed in and around the property. One neighbor had called the police on them( but they havent filled a police report). When I told her about these complaints she always refused them. So because I didn't have any proof I waited until they leave at the end of the lease. --98.165.xx.xxx |
The tenant issues (by Shaun [FL]) Posted on: Sep 25, 2016 12:08 PM
Message:
Nathali,
I am so sorry this is happening.
As I stated with people like this...keep your distance. Put everything in writing... no phone calls, no text, no email. Keep it all legal notices only. Maybe allow your attorney to handle everything as far as notices go. Otherwise she may start screaming harassment. Send her "Move out packet". what you expect her to do (cleaning,etc...) prior to leaving. How to return the keys, etc.
Be prepared she's going to leave a mess. That's why you need to keep your distance and allow the lease to expire, in three weeks. Then you can evict for holdover. She said she was leaving and didn't. Now she's trying to blackmail you with "Cash for keys".
Also, check your lease. My lease states if I have to seek legal advice/help to deal with a tenant...I can bill them for those expenses.
Good Luck! Shaun --173.29.xxx.xx |
The tenant issues (by Wilma [PA]) Posted on: Sep 26, 2016 10:21 AM
Message:
Truly a nasty thing to deal with. But - take it from one who learned the hard way, do NOT try to force them to allow showings. They WILL retaliate and make a mess of the place. Just follow the law and get them out of there. --71.175.xxx.xxx |
The tenant issues (by Nathali [FL]) Posted on: Sep 26, 2016 11:18 AM
Message:
I spoke with my lawyer today and he is saying he can start the eviction as soon as possible. But I am wondering whether to wait until Oct 14th to start it if they don't leave or to start it right now. If I start it right now I am scared whether they will ruin the place and leave. I hope they will leave it in a good condition. she will at least think of her security deposit. This is my first time being a landlord. I hate it already :(
Some people do not follow the contract when they are suppose to and keeps on blackmailing to let me in. --98.165.xx.xxx |
The tenant issues (by Nathali [FL]) Posted on: Oct 5, 2016 6:03 PM
Message:
The tenants lease is ending on Oct 14th. But they have never contacted me to give the written notice to vacate nor they are picking up my certified notices I am sending. I am worried whether at the end if they leave they will keep the house keys with them and blackmail me to give them the security deposit in return for their security deposit. If that happens can I please get any advise what to do? If they have vacated the house but withhold the keys( they have the property gate keys, gym keys, club house keys, garage keys and the house keys) can I go to the police? --98.165.xx.xxx |
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