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  1. #1
    Join Date
    Apr 2013
    Posts
    2

    Default Tenant Gave Notice but Now Refuses to Leave

    I have a tenant that sent a 3-day written notice on 10th of month stating they would not pay rent and were vacating by midnight on 13th. I accepted their notice (in writing) stating I would take posession of property on 14th. Now the tenant is refusing to leave. Is this now a trespass issue? in FLA

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Tenant Gave Notice but Now Refuses to Leave

    When your tenants announced they would not pay rent, why did you accept this and not begin the process of eviction for their failure to do so?

    A tenant who remains in a rental unit after the lease expires (or after their move out date) is considered to be a "holdover" tenant as opposed to a trespass issue. The difference is that if you contact the police regarding this matter, they will likely see this is a civil ("holdover") matter and not a criminal one in which case you will still need to go through the process of eviction.

    Gail

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Gave Notice but Now Refuses to Leave

    No. It is now a holdover tenant issue.
    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.
    83.59 Right of action for possession.—(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
    (2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011 [F.S. 1971], and the court shall advance the cause on the calendar.
    (3) The landlord shall not recover possession of a dwelling unit excepta) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;
    (b) When the tenant has surrendered possession of the dwelling unit to the landlord;
    (c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or
    (d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.

    (4) The prevailing party is entitled to have judgment for costs and execution therefor.
    In other words, you will have to have them evicted it they do not move out willingly.

  4. #4
    Join Date
    Apr 2013
    Posts
    2

    Default Re: Tenant Gave Notice but Now Refuses to Leave

    Thank you both very much. I did not immediately go through the eviction process when notified because I believed they would actually leave, being that they were actually the ones giving notice.
    You were very helpful. I love this forum.

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