Help with eviction at end of lease

6 Replies

hi,

I have a tenant who is constantly late and we are having to threaten eviction and then he borrows from his mom and pays (last 3 times).  Well, now it has come to a head and he is late on November rent and has $800 out of $1350 (late fees now are close to $1500).  I know to not accept partial payment, but I have a general question:

Im in the state of Florida. Their lease expires at the end of Jan 2018.  

If I take partial payment for the next few months (my logic being if I take 3 months of partial payment,it might be better than going through 3 month eviction process and getting no money and a wrecked place), when their lease is up, do I have to go through the eviction process (Incase they just decide to squat), or is the process more favorable for me after the lease is up? Any google links on the subject of expired lease / how to get them out would be much appreciated.

Kyle,

Totally up to you at this point, but you have set a precedence now accepting late and partial payments. I’m afraid if yoinfile for eviction, whatever judge you get could deny based on the history of paying late, you accept and keep going having done nothing prior to this. 

My personal advice, would be to get what you can and give a notice of non renewal at the end of December. If he does not vacate at the end of January, then you could evict 

Kim Meredith Hampton, Real Estate Agent in FL (#BK0601196)

thanks Kim.  They have paid late fees and full rent (never have we accepted partial payment) in the past.  But one last question: is it still eviction even if their lease has expired? Do I have to file with the court and wait all those business days, even after the lease is up? Or can I just go to the sheriff and say I have squatters, get them out? 

Yes, it is still eviction.....shouldn’t be anywhere close to 3 months here though.

So if I haven’t accepted partial payment so far, I should not accept them now, because even if I accept partial payments for the Nov,dec,jan then when the lease is up, a judge -might- make the eviction process more difficult for me, even though  the lease is up? Or should I consider partial payment for the last 3 months knowing I want them out after that, and a judge won’t care that I’ve been taking partial payment since the lease will be out and notice of non renewal has been sent in Dec?

Originally posted by @Kyle D. :

hi,

I have a tenant who is constantly late and we are having to threaten eviction and then he borrows from his mom and pays (last 3 times).  Well, now it has come to a head and he is late on November rent and has $800 out of $1350 (late fees now are close to $1500).  I know to not accept partial payment, but I have a general question:

Im in the state of Florida. Their lease expires at the end of Jan 2018.  

If I take partial payment for the next few months (my logic being if I take 3 months of partial payment,it might be better than going through 3 month eviction process and getting no money and a wrecked place), when their lease is up, do I have to go through the eviction process (Incase they just decide to squat), or is the process more favorable for me after the lease is up? Any google links on the subject of expired lease / how to get them out would be much appreciated.

 I have a problem tenant. I must ask you this? What makes you believe your tenant will leave at lease end? With my problem tenant they do not respect the  lease. So lease end mean zero to them. 

hey jeff, I was more curious if I had to go through the entire/traditional eviction process -after- the lease has expired, or since I no longer have an agreement with them in my house, the process can be fast tracked? 

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