Fl landlord move-in problem

This is a discussion on Fl landlord move-in problem within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; inherited house, fixed it up to rent,couple inquired that has 2 small children. we felt sorry for them and allowed ...

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Old Oct 18th, 2009, 04:16 PM   #1
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EEK! Fl landlord move-in problem

inherited house, fixed it up to rent,couple inquired that has 2 small children. we felt sorry for them and allowed them to move in 2 days early untill Fri. payday, come Fri. they only had partial rent which I didn't accept NOW comes the good part?????? utilities are still in my name, tried making arrangement to leave them on for them for 1 wk. which they verbally agreed to pay for the 1 wk., I also verbally set up a payment schedule for the deposit, which they verbally agreed to do, Untill I received a full payment for rent I didn't have them to sign a lease either. SOOOO they are in house 5 days, no lease, utilities in my name, no depositpaid to me, and they are trying to borrow money to pay first mos. rent. I want them out but don't know if they have any legal rights if I tell them to move of course I don't want any legal precedures because that will probably end up costing ME. ( for being so gullable or stupid) HELP ASAP!!!!!!!!!!!!!!!!!! This is in Florida HELP1111111
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Old Oct 18th, 2009, 10:15 PM   #2
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Default Re: Fl landlord move-in problem

Did you sign a lease with these people? If not, you can give them a 15 day notice to vacate (no reason necessary). Or you can give them a 3 day Pay or Quit notice to pay all rent owed in full. If they don't leave or pay before the notice expires, file to evict.

Never allow anyone to move in before all monies are in your hands in certified funds (cashier's check, money order, or cash - not personal check). Have utilities turned off on lease signing day so they must turn them on to move in. Never give keys early.

I strongly suggest you hire an eviction attorney (not a real estate one). Go to court on eviction day and get a card from a knowledgeable attorney. You don't know this procedure and the tenants know you are inexperienced at this. There are professional tenants out there that specifically search for new LLs such as yourself to take advantage of.

Once they are out, I also suggest you either hire a property manager to manage this property for you since you don't yet have enough experience to be a LL. Watch closely what the PM does to learn. Or find a local LL association or chapter of REIA in your area and ask if someone there would mentor you to let you learn how to manage the property yourself. While you are waiting, get NOLO's book, Every LL's Legal Guide, and a copy of your state's LL-Tenant Law book. Read up on what you should be doing as a LL.
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Old Oct 20th, 2009, 09:34 AM   #3
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Default Re: Fl landlord move-in problem

Thank you very much for your immediate reply to my delima,and for the valuable advise , I was not aware of the two sources of LL information available. Iwill look into it ASAP. No there was no lease signed that is the reason I wondered if it was better not to have a lease if they had not paid any thing, not even a deposit. I will be aware of, as you said, professional tenants too. Your reply came at a good time because I was so unsure of the possible next step to take.
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Old Oct 21st, 2009, 12:13 PM   #4
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Default Re: Fl landlord move-in problem

Alice, Keep us updated as to what happens.
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Old Oct 22nd, 2009, 09:35 AM   #5
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Default Re: Fl landlord move-in problem

I am not sure if they are using this same site BUT they ask if they could stay if they came up with the rent and deposit by Fri. 10/23. If they don't I am prepared to make a definate legal step if they give me any more delays after this date, thanks to your reply I feel like I know a few things that I can do. I have printed out some forms and steps to take. Will keep you posted after the weekend. Hope I don't have to get to this point.!!!!!!!!!! THANKS
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Old Oct 22nd, 2009, 10:16 AM   #6
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Default Re: Fl landlord move-in problem

Alice, go ahead and serve the Pay or Quit now. That gives them 3 days to pay up before you take action. If they pay as they claim, it will be within the 3 days and no harm is done (pay or quit notices come from you, not the court, and are not on court records.) If they fail to pay, as I suspect will be the case, you can file to evict as soon as it expires. It will accomplish 2 things. First, they will know you are serious and that they have to pay their rent. Second, it gives you a jump start on the notice period. Serve it today.
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