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  1. #1
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    Default What Does it Mean to Vacate the Premises

    My question involves an eviction in the state of: Florida

    This question was previously asked in 2009 and was never answered. The thread was unfortunately closed. I have had the same question in the past and, in spite of a lot of research, have not been able to find the proper answer. In short, I know that it is best to send a Notice to Impose Claim on Security Deposit letter to the tenant, even when that tenant is evicted, just to make sure there are no questions as to the right to make the claim. As previously stated in the closed thread, the statute regarding security deposits says that you have 30 days "Upon the vacating of the premises for termination of the lease" to send that Notice or else the landlord waives his/her right to make a claim on the deposit. The question is, in an eviction, what day is considered "vacating the premises for termination of the lease"? Is it the day the tenant physically leaves the property on his/her own? Is it the day the Writ of Possession is issued? Is it the day the Sheriff executes the Writ and kicks the tenant out? Or could it even be as early as the day the tenant is served with eviction papers, as one could argue that the lease is "terminated" at that point? This eviction involves a rather large security deposit and I have a feeling the tenant will make a claim for it, even though he owes money for rent, so I need to make sure everything is done just right. Any help is appreciated. Thanks.

  2. #2
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    Default Re: Vacating Premises Definition

    va·cate1.
    ˈvāˌkāt/
    verb

    • leave



  3. #3
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    Default Re: Vacating Premises Definition

    Thanks for the incredibly sarcastic advice. It's not quite that easy, as the language "for termination of the lease" tends to complicate matters. I found the answer after posting though, thanks anyway. For those of you who actually need some useful advice, here you go, this article was very informative: http://evict.com/?page=legnew1204

  4. #4
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    Default Re: Vacating Premises Definition

    nothing sarcastic about it. That is the definition of vacate. It is also the definition a court will use.

    and no, whatever language "for termination of the lease" is referring to is irrelevent. The date the premises is vacated is the date the tenant leaves, with no intent to return. I tossed that in since you will probably argue with something like; you mean every day when they go to work they are vacating the premises? In fact, they are but not that is not relevant for the purposes of your question.

    - - - Updated - - -

    to go a bit further, you really must realize that regardless of what was issued by the court or anybody else or what other actions have taken place, if the tenant is still in the unit, they have not vacated the premises.

  5. #5
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    Default Re: Vacating Premises Definition

    Your analysis is only partially correct. There are exceptions to the rule, for example, when someone skips out on the lease or when they fail to notify that they are leaving. The landlord is not obligated to watch his property like a hawk everyday so that he knows the exact day a tenant leaves without notice. As for the dictionary definition, there is a reason there is a legal dictionary. Just because something means one thing in lay terms, does not mean it's the same legal definition. If you were trying to be helpful AND cordial, you could have simply said the court uses the day the tenant leaves the property, instead of going through the effort of copying and pasting a dictionary definition to make it a "duh" type of response. Either way, you'd only be somewhat correct. Good thing you have that caveat at the bottom of your posts. Have a great evening!

  6. #6
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    Default Re: Vacating Premises Definition

    portylaw;738334]Your analysis is only partially correct. There are exceptions to the rule, for example, when someone skips out on the lease or when they fail to notify that they are leaving. The landlord is not obligated to watch his property like a hawk everyday so that he knows the exact day a tenant leaves without notice.
    what does that have to do with anything. The day they left was still the day they vacated the premises. Not being able to ascertain an accurate date does not change the definition of the word.


    As for the dictionary definition, there is a reason there is a legal dictionary. Just because something means one thing in lay terms, does not mean it's the same legal definition
    . so quote me something from a legal dictionary that is different.


    Oh, here's one for ya:

    Vacate1) For a judge to set aside or nullify an order or judgment that he or she finds was improper. 2) To move out of real estate and cease occupancy.
    see anything different there? I don't.


    If you were trying to be helpful AND cordial, you could have simply said the court uses the day the tenant leaves the property, instead of going through the effort of copying and pasting a dictionary definition to make it a "duh" type of response.
    well, it is kind of a "duh" situation.

    Besides, your first post was so convoluted and confusing I really could not decipher what you were looking for other than the definition I quoted

  7. #7
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    Default Re: Vacating Premises Definition

    Wow. I'm sorry being incredibly rude and condescending about something you don't even do for a living is how you occupy your time. Thank you very much for being SO helpful. You have truly made my very first experience with this website so pleasant. I'm not sure what you don't understand about what I have posted, as I have been very clear. Please do me the favor of not providing any more "assistance" in this manner. I have found my answer and learned a lesson. And please don't pretend you weren't being incredibly rude with your first post. As for it being a "duh" situation, you couldn't be more wrong. I guess since you are not an attorney you can't begin to appreciate the complexities that "simple" situations often end up with when dealing with the law, especially in Florida. Had you read the link I posted, you would understand that and wouldn't be so confused. I can see from the number of posts you have made that this is quite a hobby for you. I will leave you to harassing other users now. Thanks again.

  8. #8
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    Default Re: Vacating Premises Definition

    If you believe you know everything, why are you asking questions?

  9. #9
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    Default Re: Vacating Premises Definition

    A person who calls himself "Mr. Knowitall", is accusing me of thinking I know everything? I honestly thought this was a forum for helpful advice, not bashing. If memory serves, aren't you the same person who replied rudely to someone who previously asked a similar question? I sense a trend here. I have only sought a respectful response and clearly stated that I found my answers after posting. I also posted that answer for people who may have the same questions in the future. You know, being helpful, the purpose of this website, not trolling the site so you can insult people.

    Back to the reason we are supposed to be on this site. For those of you who have similar issues in Florida, please keep in mind several things which were not mentioned by the "helpful" responses here, and some which were also not alluded to in the article I posted. If your tenant leaves the residence during the eviction process and APPEARS to have vacated, but does not give you the keys, does not give you any notice that he is leaving (most people being evicted don't tend to give either consideration), you CANNOT assume the tenancy is terminated. If you do not continue with the eviction process and the tenant returns after a short time, he has a legal argument that he still resides there, as you were never given legal possession of your home via a Writ of Possession. Hence, as stated before, "for the termination of the lease" is the difficult/vague language in the statute. Look into the abandonment laws for guidance in this situation. The statute is unclear and assumes that a landlord is given NOTICE of the tenant vacating the premises. That is why an exception was created when no such notice was given. Florida courts have at times ruled that someone who has apparently vacated (as in the example above) still has TENANCY. Therefore, one cannot assume that a court will rule in a completely contrary manner by determining that physically leaving means they have left "for the termination of the lease." A perfect example of what someone considers a "duh" situation not being as "duh" as it might seem.

    Eviction can be very complicated process and has a LOT of tiny nuances that can trip a landlord up, especially in a state like Florida that favors tenants so strongly in its statutes. There are plenty of websites created by law firms and attorneys which provide free advice. After my experience with the responses I have received today, my only advice to anyone seeking help on this page is to take what you read here with a giant grain of salt. Attorneys have to be very careful with what is posted on their websites and there is a TON of helpful advice out there regarding Florida landlord-tenant law on their sites. As you can see, that is how I found my answer. Also, you don't have to worry about being bashed for using this site for its intended purpose...to ask a question. Good luck!

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    A very easy and common example would be someone who moves out shortly prior to the lease expiring. You cannot assume that this person is gone for good just because you look through the windows and it appears they have moved out. It is very possible that they may be returning for items you can't see, to clean the residence, etc. You would have some problems if you assumed the tenancy was terminated, acted on that assumption, and it turns out it wasn't. Likewise, a tenancy is not terminated just because you are evicting someone, so them leaving may or may not be the termination point, depending on what they are thinking and what their intentions are as far as returning. Only when you have the Writ of Possession and it is executed by the Sheriff can you be 100% sure. (Or after the 30 days stated in the abandonment statute). Additionally, after evicting a tenant, you can make a claim against the security deposit for your court costs and attorneys fees. Evictions almost always take more than 30 days, which can very likely put you outside of the 30 days from when the tenant vacated. If you were to write your Notice of Intent to Impose a Claim on Security Deposit prior to the eviction being done, you will not be able to recover all your fees and costs from the security deposit.

  10. #10
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    Default Re: Vacating Premises Definition

    I'm not sure what you don't understand about what I have posted, as I have been very clear
    let's take a look at that first post then:

    This question was previously asked in 2009 and was never answered
    .what question and to what thread are you referring? Maybe if you had linked it or somehow directed people to that thread it could be reviewed and have a better understanding of what you were looking for.


    The thread was unfortunately closed. I have had the same question in the past and, in spite of a lot of research, have not been able to find the proper answer.
    again, what question?

    In short, I know that it is best to send a Notice to Impose Claim on Security Deposit letter to the tenant, even when that tenant is evicted, just to make sure there are no questions as to the right to make the claim.
    As previously stated in the closed thread, the statute regarding security deposits says that you have 30 days "Upon the vacating of the premises for termination of the lease" to send that Notice or else the landlord waives his/her right to make a claim on the deposit.
    and again, what thread are you referring to?

    The question is, in an eviction, what day is considered "vacating the premises for termination of the lease"?
    first, and especially since it is you asking the question, what are you considering to be the definition of: eviction? To evict a tenant, one must first file an unlawful detainer action. Then, if the LL prevails, they can seek a writ of possession. If the tenant does not move still, then the LL can seek to have the writ enforced by the Sheriff. What in that process are you speaking of when speaking of eviction? Why you are asking might make a difference but you didn't bother to explain so all I can do is guess what you are after and why.

    Is it the day the tenant physically leaves the property on his/her own?
    it is the day the tenant physically leaves, regardless of whether it is on their own or not.

    Is it the day the Writ of Possession is issued?
    Now just why would that even be considered as the date they vacate since, by definition, vacating is leaving the premises. The writ being issued is nothing more than the court entering an order. It does not mean it ever gets served upon the tenant or that the Sheriff acts on it. In fact, at this point, we don't even know if the tenant ever leaves the premises so your question is kind of one of those "duh" questions.

    Is it the day the Sheriff executes the Writ and kicks the tenant out?
    well, that would be the day they left the premises, yes?

    Or could it even be as early as the day the tenant is served with eviction papers, as one could argue that the lease is "terminated" at that point?
    would they have vacated by this point? Again, why you are asking might help but again...


    This eviction involves a rather large security deposit and I have a feeling the tenant will make a claim for it, even though he owes money for rent, so I need to make sure everything is done just right.
    wow, ever give a thought to dealing with what is owed to either party in the unlawful detainer suit?

    Any help is appreciated. Thanks.
    You're welcome.

    so, rather than asking questions about a fairly well defined term and how it may apply to various situations, maybe if you had explained why it made a difference, the situation could be understood and you might have received some actual help. Instead, I gave you the definition of vacated. You can take that definition and apply it to each situation presented to see if it fits. Obviously there is only one that it does fit but after reading subsequent posts, it may not really make any difference to anything you need to know but again, explaining the situation...

    so, do you really want to continue to claim your first post was quite clear?

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    =portylaw;738373]
    Back to the reason we are supposed to be on this site.
    I do not believe you know me well enough to even guess why I am on this site. As to why WE are supposed to be here; it is simply an improper thought in its entirety. I am not supposed to be here. I am here by choice. If you mean; the reason this forum is supposed to be here; well, again, since you do not own it, your determination of why it is supposed to be here is irrelevant and probably incorrect to boot.

    - - - Updated - - -

    Back to the reason we are supposed to be on this site. For those of you who have similar issues in Florida, please keep in mind several things which were not mentioned by the "helpful" responses here, and some which were also not alluded to in the article I posted. If your tenant leaves the residence during the eviction process and APPEARS to have vacated, but does not give you the keys, does not give you any notice that he is leaving (most people being evicted don't tend to give either consideration), you CANNOT assume the tenancy is terminated. If you do not continue with the eviction proce
    Oh, so now you want to attempt to give a lesson when you came here looking for a definition of a simple term? Wow, talk about a pot calling the kettle black.

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