3 Day Notice
My Tenant's lease expires today, 08/31 and his rent is paid through then. It was a FLorida Bar Real Estate Rental Agreement for a term of one-year. I am not renewing his lease and Tenant knows it.
I hired a Real Estate Attorney for legal protection. However, this is a Holiday weekend. I was unable to get ahold of my Lawyer Friday afternoon as to what the next step is to get this Tenant out.
Do I need to get off my own butt and give my Tenant a 3-day notice on Monday myself? I have also through my Lawyer offered Tenant an extension, but have not had any response. Thursday, Tenant's Brokers upped his offer to buy my apartment, but I turned the terms down. This is the only rental unit I have and I have never gone through an eviction process.
Landlords, what do you advise -- call Tenant tomorrow and ask his intent OR hold tight for Lawyer on Tues.? Thanks, your advice is much appreciated.
Joan 
[ Edited by earl45 on Date 08/31/2003 ]
I believe that you must give your tenant a 30 day notice to vacate. If you did not do this I believe your tenant automatically goes to a month to month agreement. You did not mention if you had given the tenant this notice. :-betyboop
Reply: This is for a lease in Florida. Per my RE Attorney, Tenant's one-yr. lease was "self ending" and no notice therefore even required. However, not being aware of this until recently, I had written Tenant mid-July noticing lease expiration and an accounting of his last month's rent deposit and what monies were in his security deposit. In July he verbally acknowledged receiving my letter.
I have just been reading on the internet FL's Landlord Tenant Law 83.58 & 83.59 and see nothing there that even requires a 3-Day notice is necessary, just go for eviction:
Quote: 83.58 Remedies; tenant holding over. If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59 F. S. 1973. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
Unquote
My Lawyer knows all this and it's probably at the tip of his fingertips; but I am an inexperienced lay person and would have appreciated him filling me in beforehand.
I just hope that I am indeed interpreting 83.58 & 83.59 correctly.
Thanks much for your posted reply. [ Edited by earl45 on Date 08/31/2003 ]
I would wait for your attorney as you have no experience in this matter. COnsider the money you pay him as an educational expense and watch closely what he does, keep copies of the forms, and ask lots of questions. Next time you will be able to do it on your own.
Thanks Stockpro, yes, I've gotta just take some deep breathes and let this take its course and my dough. (smile)
One day, from this experience, I'll be able to pass what I've learned about eviction to someone else here looking for good direction.
Update: 08/31 Tenant gave up the apartment this afternoon.
Gave me 1 hr. notice to come and get keys and do a walk through. He has left
estimated damages of $100 (above normal wear and tear); since I have $60
left in his security deposit and am grateful for a good & very surprising ending, I consider us square and will not ask for any additional monies. What a relief!