Landlord Question and Answer Forum

I have a rental agreement for a month –to –month tendency, which was put in writing. The tent who originally rented the place full name is on the paperwork and then she moves a boyfriend in who first name was out on the paperwork. However, the original tent has been arrested twice now since renting the home, the first time she got right out, this time she has no bond warrant, and is a fugitive from justice, so will not be out for a while . What I am asking is that enough to evict her? Also has not paid rent this month; so I gave the boyfriend a written notice to pay rent or get out and I gave them 15-days to pay. Nevertheless, I just found out that the electricity has been off for over 2-months and they actually hooked it up illegally, and were caught. Is all this enough to get them out? I am new at this PLEASE HELP! Must also state they are not staying in the home, and have not for about 20-days, but are coming up every week to check on the place. Is that Abatement?

If I were you I would get a attorney right away before they ruin your rental, by foolong with eletricity its making a safty issue and you can get them out sooner . The problem is no one will probably pay you your rent , get a attorney ,

Posted by Donald G, MA on Sunday, August 23, 2009

I know i am out the rent money pretty much. But I just want them OUT!! Do I have to file legal papers to get them out.. They have not been to the place in 8 days now so isn't that abandonment? Now do I have to keep their personal belongings? That is all that is theirs. The home I totally furnished so they are not allowed to take anything....

Posted by Erica M, WV on Sunday, August 23, 2009

You need to look up the laws in your state. In FL the law states: (3) In the absence of actual knowledge of abandonment, it shall be presumed for purposes of paragraph (2)(c) that the tenant has abandoned the rented premises if: (a) The landlord reasonably believes that the tenant has been absent from the rented premises for a period of 30 consecutive days; (b) The rent is not current; and (c) A notice pursuant to s. 83.20(2) has been served and 10 days have elapsed since service of such notice. So, you must serve them a notice and wait 10 days in FL. Or you can try posting a 3 day notice, then a 5 day notice. But, these legal questions can get tricky. I would get an attorney.

Posted by Valerie J, FL on Tuesday, August 25, 2009