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Fl laws verbal contract and evictions


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#1 ladagosta

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Posted 10 February 2011 - 10:11 AM


Ocala, Fl


after doing some research regarding a month to month rental I found that an eviction notice if served to the tenant that after 15 days you can file with the courts for an eviction hearing and if you win then the person will be given 5 days to remove from the premises


Some back ground


My Bf rented out to share his house that he rents with a tenant the tenant never paid this was a verbal agreement 3 months later he finally had it and told the renter that they needed to pay or he was going to start eviction processes.


 they paid one months rent  jan 2 and the following month  feb 2 paid 2 weeks they moved in sept 15th so to be clear about that . so he didn't press her since he had already served the eviction notice as they were behind and never really had a formed contract as they never paid a cent until he mention evicting them. the last payment he didn't want to take more than the 2 weeks since he felt he would be obligated to allow the renter to stay the entire month even though they are behind 3 months to begin with which I think he is wrong about that


they would need to be brought up current and then pay the full month in order for the tenant to have any pull on not being evicted at this point since they still remain 3 months behind.


Any way he is out of contract with his land lord and only renting month to month since the house is in foreclosure


the renter has tried to do things around the house in order to not pay like cooking and laundry but he has since stopped eating there and doing his own cleaning so the renter does not think they are going to get over on him for services rendered in lieu of paying rent.


the renter is filthy and has also posted pictures of him on facebook without his consent  which he is a very private person and was leery about even renting to someone. I know it sounds rather petty but I am trying to give a picture of what is going on.


the renter drinks and is not very clean and has only a part time job so it is hard to pay the bills when they have a problem with alcohol


The renters car broke down and since he is a mechanic he offered to fix it so that it would not impede their ability to get to work and earn money of course he was never paid for helping them out but that was so there would not be any problems earning their way to contribute


to sum this up  he has now decided that it has become too comfortable for this person and that he feels that he has already lost the money and wants to cut his losses while he still can.


he filed notice for the renter to be out in 15 days that was about 10 days ago the renter didn't do much up until yesterday about getting out and now some of their items have been packed and moved but not a whole lot.


he was told that if he goes after the renter for non payment it will take him 20 days rather than 5 days if it is for other reasons outside of it being non payment


I tried to tell him he has a stronger case for non payment of 3 months than he does on the other angle he is working on even though that would get them out faster it wont matter if the case isn't strong enough to get them out the non payment of 3 months is more of a winning argument to have someone removed since they aren't trying to pay up past due amounts and barely making  the monthly agreed amounts.


 being the renter is 3 months behind they are in default of the verbal contract meaning that is the avenue he should be working on to have them removed. please any and all help on this is appreciated time is of the essence as we are looking to move to AZ to build our futures together and this renter has thrown a wrench in the works so to speak



#2 Fallen

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Posted 10 February 2011 - 10:18 AM

Your post is a bit hard to follow in spots, and you're making this way too complicated.


The termination notice one must give when someone is a monthly tenant and has been paying/operating as agreed may be 15 days, but if someone hasn't been paying at all, the landlord need only issue a three-day notice to pay or quit before filing an eviction action.  Of course, if you want to get them out regardless, you could also issue a 15-day termination notice.


If someone paid rent and your boyfriend accepted it, your boyfriend can't operate under a previously issued "eviction" notice after accepting the rent.

You cannot say they "never really had a formed contract" -- they may never have lived up to their end, but that's different.


It's not up to the tenant to unilaterally decide that they will pay the rent in the form of barter like cooking or laundry.   Your boyfriend would have had to agree to that, so the part about not eating there and doing his own cleaning because he thinks X-Y-Z is silly.  :)

"he was told that if he goes after the renter for non payment it will take him 20 days rather than 5 days if it is for other reasons outside of it being non payment "

I have no idea what the heck you're referring to here.

He's free to go after money owed to him regardless of what method/grounds he wants to use for termination.

Tell your boyfriend to read this (and stop giving him legal info):

http://www.800helpfl...dlord_text.html


 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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