Does Tenant have to pay?

Question

Im still learning the ropes.

i provided my tenant 15 days to vacate the premise because hes on a month to month lease.

The tenant is confused as to why he has to pay his last 15 days remaining in the property. What evidence do i have to support he has to pay the last 15 days?

thank you

Wayne Brooks · Answer

2 different issues….

1) proper notice prior to the first of the month in order to be enforceable

2) of course the tenant has to pay rent for the time they occupy the property, it’s a ridiculous question…..even for the 15 days if they move out early as They would have been required to give proper notice.

Scott M. · Answer

"What evidence do I have to support he has to pay the last 15 days"

Hopefully, your lease.

JD Martin · Answer

I'm surprised you get such a short window in Florida. Nevertheless, just because you *can* do something doesn't always mean you *should* do something. Unless the property is in imminent danger of destruction or some other similar measure, 30 days notice is pretty standard in this industry. You may see it as "not my problem", but have you ever tried to find a place to move to and then move in 15 days? And especially in the current housing market?

I believe a more reasonable approach would be a written 30 days notice, noting the need to continue to pay rent as required for the last month. In my opinion, giving someone the boot in that fashion, unless you're having serious problems already, is just asking for a whole lot of "accidental" damage on the way out that you'll end up having to fix, and likely get nowhere attempting to collect.

You said you're new at this. You get more flies with honey than vinegar.

Matt M. · Answer

@Ricardo Torres

As usual, I agree with @JD Martin.

The market is just to tight to find something in 15 days. I gave one of my tenants 45 days to be out June 1. Didn’t leave until Aug 1 simply because she couldn’t find anything, she paid the extra 2 mos luckily but I know there’s nothing out there, in my area.

Ricardo Torres · Answer

Tenant left in 15 days, minimal damage to the property. Just one hole in the wall and a dead mouse in a drawer. im kidding about the mouse. lol thank you

Ricardo Torres · Answer

@Adam Martin  The original landlord didnt collect a deposit from him. im not going to fight him on the rent for 15 days because i dont want to risk him damaging the property when he leaves. Florida is 15 days for month to month leases.

Adam Martin · Answer

Yea he needs to pay but realistically most likely isn’t going to as he needs those funds to move.  Best case is take it out of the deposit if there is money left over.  Worst case is there is damage that eats up the deposit but as long as he is gone focus forward on getting it turned over and rented out.  If you feel it is worth your time take it to small claims and then send to collections.  You most likely won’t see it but sometimes miracles do happen and at least you have warned the next guy.  Also most areas have 30 day notice is 15 legal in your area.

Ricardo Torres · Answer

@Wayne Brooks I agree with you, but its not obvious for ignorant tenants.

Wayne Brooks · Answer

No need to quote a statute….it’s just obvious.

Ricardo Torres · Answer

@Wayne Brooks thanks for replying. 1.Im going to deliver a notice letter and provide the 15 day notice.

@Scott M. 2. I know they have to but what fl. statue or other evidence can i reference to support this claim? I bought the rental with the existing tenant, so i didnt create the original lease.

Does Tenant have to pay?

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