Tenant paid last month - can I evict for unpaid rent

Tenant paid last month - can I evict for unpaid rent

Investor · Tampa, FL · Member since 2016 · 3 posts · 0 votes

I'm I'm having a very tough time finding an answer to this question. I'm in the state of Florida and I have a one year lease with a tenant who has paid first month, last month, and security. We are in the fifth month of the lease and the tenant is not able to pay the rent for this month. Can I still evict even though I'm holding last month's rent?  Or do I have to apply any prepaid rents before they become deliquent?  Thanks in advance.

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y

If the tenant signed a 12-month lease, the "last month's rent" belongs to the 11th month, not the 5th. I would file for eviction for non-payment of rent. Odds are, the tenant will leave. Once the lease is terminated, then you can apply the last month's rent to their last month of occupancy and use the security deposit for any other unpaid charges, cleaning, or repairs.

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  • Rental Property Investor · Whittier, CA · Member since 2014 · 325 posts · 269 votes
    8y

    Ask the tenant if they are in their last month and will be out at the end of the month.  It really doesn't matter what they say, but you'll have to study your local laws and what is in your lease agreement.

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    If the tenant signed a 12-month lease, the "last month's rent" belongs to the 11th month, not the 5th. I would file for eviction for non-payment of rent. Odds are, the tenant will leave. Once the lease is terminated, then you can apply the last month's rent to their last month of occupancy and use the security deposit for any other unpaid charges, cleaning, or repairs.

    The DIY Landlord Book4.7245 Reviews
  • Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
    8y

    Not sure what Florida law has to say about that but I would want to evict and that last months rent along with security deposit will be applied after the eviction.

  • Investor · Tampa, FL · Member since 2016 · 3 posts · 0 votes
    8y

    Good answers gentlemen.   I also got an answer from AVVO, the lawyer "referal" site, in which the attorney stated that this situation has a lot to do with the verbage used in the lease - which I am not worried about.  He also said to be very careful how the funds (last month and security) are handled during any eviction proceedings, ie be certain to keep funds escrowed properly and not used for legal costs.  So, this situation is very much in my favor.  And finally - he told me to be sure I retain an attorney....

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