Tenant Issue - Thoughts?

Question

Hi There,

I've got an issue I haven't encountered before as a landlord, the lease is just under the girl's name. Today is the last day of the lease for a sfh I own and I got a message from the boyfriend of the girl on the lease saying, "----- and I broke up and she left. I'm running behind on the move out, I'm planning to be out by January 15th."

Context: Property is in Florida, my mother-in-law is moving in and doesn't need to move in immediately (she is flexible), the guy who texted me is not a good apple (the only reason I rented to them is because the girl is responsible).

I like to avoid evictions for the sake of damage to the property, time it takes to evict, and cost of eviction. If I don't file an eviction, what form should I use to extend the lease to the 15th since the girl on the lease is gone and now it is this guy?

Really appreciate your consideration, Happy New Year!

Russell Brazil · Answer

Id tell them it is fine, but we expect Januarys rent to be paid in full

Nathan Gesner · Answer

You've allowed him, so he's a legal resident. The only option is to negotiate his new move-out date or start the eviction process. Since you are not in a hurry, I would pretend the delay is causing you grief but that you are willing to give him another 15 days. Make it clear that you will not tolerate an extra day beyond that.

Elliot Larkin · Answer

Great Nathan & Richard! Thanks!

Jonathan Perez · Answer

I'd get with an attorney to confirm what your actual options are just so that if you do decide to let the man stay until the 15th, it doesn't backfire. I'd be concerned with the fact that since the girl moved out already and HE was not on the lease, technically you should be doing your "move out inspection" to determine whether SHE gets the deposit back and because "time is of essence", you must return the deposit in a timely manner. (I believe it is 15 days to return the deposit if there's no claim and 30 days to give a written notice if there is a claim)

I would think that she is responsible though since she never notified you about him moving in.I'd confirm that with an attorney though just to be safe.

Elliot Larkin · Answer

Thank you for the information and tips. The holdover note is very important!

Danny Polanski · Answer

I would talk to the person who is on the Lease.

Tenant Issue - Thoughts?

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