Hi everyone first post here. Going to do an introduction full introduction soon but as this event came up I needed advice for my fathers situation. Here's the short and skinny, trouble tenants that I want to do cash for keys for but they never signed a lease. How much should I offer them and how do I protect myself from them calling the code officers to say we kicked them out illegally.
I will typically offer what is equal to one months rent for them to be out in two weeks. Now in FL, where I have offered CFK's, I can complete an eviction in about 30 days so that should play a factor in your "offer". If it takes alot longer to evict in your area then you need to weigh your costs if you would have to go through a full eviction and possibly offer them a bit more.
Thanks LaDonna lawyers and judge is on vacation so I think the court date is almost 2 months out. Their old landlord gave them 450 to be out and then I learned that's where our first months rent came from. My biggest concern is them bringing in code officers or trying to use an injury to sue. I'm not sure what protections we have as landlords without a lease.
Do not hand over any money until they are completely out of the house, and they have signed an agreement stating they are receiving the money in exchange for ending their tenancy at your property. That is your protection.
You are incorrect in stating you do not have a lease. Acceptance of rent establishes an oral, month to month tenancy with them. It sounds like you have already started eviction process which is good, just in case they do not leave.
If you don't have a written lease, then it would be month to month considertion within most courts,, verbal agreement,, basically if they paid you rent, then they are a renter and if they miss a payment then you can file. You can raise the rent, you can give a NON-renewal notice to vacate written dropped off at their door, but do it prior to the 1st of the month,, it would basically give them 30 days to get out and they would be required to vacate as of the end of the month.. so give by August 29th a Tuesday and let them know they must be vacated by September 30th,, if they don't leave then you file for cause, eviction failure to vacate after proper notice,,, you don't collect anymore rent from them after the 30th of Sept. I wouldn't give them cash for keys, unless you think they'd move out sooner..
first download the landlord tenant laws for your state,, it should give you all the basics for what your looking for.
As far as being worried if code enforcement is called ..who cares.. that would be the lease of your worries, if code would find something wrong then they give you a fix by date and you fix it.. wouldn't affect a non-renewal notice.. or anything else, they can't hold back a rent payment unless they put it in escrow with the courts pending a repair fix.. and they don't sound smart enough to even think about that..
Originally posted by @Deanna McCormick :[...] they can't hold back a rent payment unless they put it in escrow with the courts pending a repair fix.. and they don't sound smart enough to even think about that.
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