Termination of Month-to-Month Tenancy

Termination of Month-to-Month Tenancy

Mark DowsettBusiness Member
Property Manager · Tampa, FL · Member since 2017 · 18 posts · 9 votes

Hello everyone,

I have a fun situation down here in Florida that I was trying to work through. Basically I have a bully of a tenant and back in March I filed a termination letter of their month-to-month tenancy to get rid of the headache. They received the letter and basically told me that they would begin looking for a home, but would not be able to move-out in the given time frame. After talking with them about this we decided to not pursue eviction and rather just continue on collecting rent. So here we are in August and the homeowner has sold the home and is set to close on Sept 1. He asked me to file a notice to terminate the tenancy so that they would be out of the home and boy were the tenants upset. 

They claim that I have no legal ground to stand on as I already terminated their tenancy and have been collecting rent. (I was under the impression that this notice would start the process if we decided to pursue eviction, but if we did not do so that all would be as it was before). They have indicated that as a result of the previous termination letter that we have no contract and that they will not be doing business with us anymore. They have demanded that we are not to contact them in any way by mail, electronic, or otherwise and if I contact them or come to the property they will have me arrested for trespassing and harassment. They claim that they are "afraid of me and what I am capable of doing". (this made me laugh a bit since I get anxiety just thinking about talking with them).

Apparently if the property is not sold then they will be taking legal action against our business and the homeowner. They will also be forwarding a letter to the owner when the property is vacant with their forwarding address for the security deposit. 

So here I am a bit taken aback. Does anyone have any advise? Did I mess everything up by filing the notice back in March? Should I still send another notice of termination as I only spoke to them over the phone informing them before I posted the notice officially. I'm not looking to be arrested or be sued. Do I have a leg to stand on? Any help is appreciated as always.

sincerely,

Mark

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  • Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
    8y

    Im confused, you sent letter terminating a month to month lease but never followed through? I get that timing might of needed adjustment, but did you put a deadline on it ? 

    I wouldn't even bother with this and have a professional handle it 

  • Mark DowsettBusiness Member
    OP
    Property Manager · Tampa, FL · Member since 2017 · 18 posts · 9 votes
    8y

    Yes I filed a notice back in March to terminate with a due deadline of April 1st. Didn't follow through to save the eviction cost as they indicated that they would look for a home. They are actually meeting with a homeowner tomorrow to sign a lease for a new place and were going to notify me once that was completed. (Their new landlord called me which is how I knew about that). Apparently their new place is under construction, but should be finished shortly. I was simply trying to file notice as my client had asked to do so in preparation for the sale of the home.

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  • Mark DowsettBusiness Member
    OP
    Property Manager · Tampa, FL · Member since 2017 · 18 posts · 9 votes
    8y

    So it sounds like they are going to be moving out, but it may not exactly line up with the sale of the home. 

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  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    8y

    Have you considered asking the new owner to handle this

  • Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    @Mark Dowsett. I wools hire a lawyer to make sure you can get them out legally. They may not actually leave as they have promised based on their recent actions.
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