What can I do? Fl. Lease expires EOJ Tenant refuses to leave.

Question

I have a tenant that has been late paying this whole year. Every month she pays two to 3 weeks late.Ut stayed with just a few says then 10 days now every month she's 3 weeks late.  They do what they want to upgrade the property and then send me the bill. I served the Tenant with non renewal notice approximately 3 weeks ago and her lease is due to expire ends of July anyway.  Tenant is now advising that she never received the certified mail and she will not leave until September. What are my options?

Justin V. · Answer

@Joyce Jackson

I’m very curious what you do with the bills for the unapproved upgrades. Hopefully you laugh them off and don’t pay them, but my interest is peaked.

Greg M. · Answer

Between this post and your first post, I have to say that you absolutely need a PM.  "What could I do?" is what is said when the situation is out of your control. Nothing that you have described has been out of your control. You are allowing the tenant to walk all over you.

The rent is late every month. Did you charge a late fee every month it was late or did you just let it slide?

They do work on the unit and bill you. Did you tell them that this is not how it works and that if the unit needs work to contact you?

They shorted the rent. Did you send them notice that they owe money? Did you tell them that if the full rent is not paid that late fees apply? Did you tell them that if there is a balance after X number of days that you will need to file the eviction paperwork?

They never got the Certified Mail. Have you looked online to see what happened to the letter? Have you threatened to file eviction paperwork if they aren't out by 7/31? Does your lease have holdover tenant wording with a significantly higher rent amount?

You have a new tenant coming from another state. Does your new lease contain wording as to what happens if you cannot provide the place on the agreed upon date? FYI, if the new tenant goes after you because you cannot provide the unit, you will need to prove you did everything right to get the prior tenant out at the end of their lease.

The man was aggressive. Was he aggressive toward you? If so, communicate via phone/email/mail. He was probably a little aggressive as that worked and got you to back down.

My guess is that they stiff you on the last months rent.

Greg M. · Answer

There have been two inaccurate statements about Certified Mail in this thread.

• Certified mail proves that you mailed it. 
• It requires a signature from the addressee or their agent. 
• If the addressee is presented with the letter and refuses to sign for it, the USPS notes this on the envelope and returns it to sender. 
• If it is never claimed, after 3 attempts it is returned to sender marked Unclaimed.

Courts can accept mailing as proof of receipt. It the addressee refused the letter, I believe most judges would not reward this behavior and would consider the notice properly served. If the addressee dodges the letter, it is more complicated, but a reasonable judge would consider the notice properly served unless the law allows for multiple ways of notifying the tenant and the landlord didn't try the other ways.

JD Martin · Answer

And piqued! 😀

Chris B. · Answer

As mentioned above, you have let this get out of control in so many preventable ways.  RE management may not be your thing.  It's not for everyone.  Get an eviction attorney to get them out and hire a property manager to help obtain better future tenants and let the PM enforce the rules.

Greg M. · Answer

Some people are clueless. Make it crystal clear to the tenant that the next place she will be renting will not be up to her standards. Once the eviction is filed, 99% of landlords will not even consider renting to her. Now if she leaves now, she will have a shot at getting a place that isn't a slum or extremely overpriced due to her risk. Maybe she leaves on her own to avoid that.

My guess is that she knows exactly what she is doing and will drag it out as long as possible.

Joyce Jackson · Answer

@Greg M.

Update, Im not sure if the husband is in the home any longer. I have messaged the tenant for intent to file for eviction and instead of responding to me... the wife... not listed on the lease texted my husband whom is not on the contract or deed that she will need more time.  She's looked at several properties but they aren't up to her standards. So she will be unable to relocate... no date given... my husband is very accomodating because he has no ownership... nothing to gain or lose from allowing her to stay in the home.  Her lease is officially up. They are still non paying. N I am about to serve them with a notice of intent to evict. I believe ive lost the new potential tenant. Giving them 10days to vacate and 5 to pay this month's rent. I am asking the sheriff's office to go with me to serve just incase the husband is home. I'm very nervous for tomorrow.

Joyce Jackson · Answer

@JD Martin

Unfortunately,  I didnt too much have a choice... they reduced the rent and told me why afterwards.  What could I do?  He had done a bunch of landscaping and I was a little scared because the man was a little aggressive.🤷‍♀️

Joyce Jackson · Answer

@Kris L.

Nope, its in Riverview FL.😁Hopefully that's a good thing

Colin G Murphy · Answer

Hi @Joyce Jackson

I think you should contact an eviction specialist to help you out with this one (PM me if you want details of the one I use in Tampa). Nothing is straightforward about getting problematic tenants out these days.

What can I do? Fl. Lease expires EOJ Tenant refuses to leave.

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