QUESTION
What if tenant refuses to leave after receiving 15 day notice to terminating tenancy? Threatens we can''t cause home for sale and in foreclosure
Asked on Feb 01st, 2012 on Real Estate - Florida
More details to this question:
has not paid since July of last year. we did not do 3day for rent.. just ending his month to month tenancy to leave.
He harasses the other paying tenant who rent other rooms. While he uses internet, cable, water which was included in rent.
He states he works/volunteers at state attorney office and he knows we can''t make him move even if we gave 15 day notice to termination tenancy. Realtors are having trouble because this tenant.. We feel he is going to lash out and snap and hurt us.
Because there is a lis pendens he is not moving and does not have to pay. He should be out today. We gave this to him last month on the 11th and his rents were to be paid my the 1st. we dont care about money just him out hurrasing other tenants. we want to end month to month tenancy.
1 ANSWER
Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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The foreclosure is between you and the lender. The tenant's relationship with you is through the lease and has nothing to do with the foreclosure. Yes, you can start the eviction proceedings (assuming you have complied with all applicable notice and lease requirements). You may even be able to recover double rent for tenant's holdover. If tenant's conduct and/or comments about working with the State Attorney's office arise to the level that you feel threatened with retaliation of some sort, you should bring back to the attention of the State Attorney and I'm sure they will be able to address that internally to stop those threats.
This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Feb 01st, 2012 at 2:19 PM