15 day notice to vacate: Florida: No Lease

[moonstone]

I want to evict one of my tenants at my property in Florida. This it not for non-payment of rent, which is current through the end of the month. There is no lease.

The tenant is not currently at the property, but his belongings are.

Can I simply post the 15 day notice to vacate on the property and evict him at the beginning of the next month?

[AFFA]

I wish to inform you that you cannot evict the tenant like this. The premises is still under the control of the tenant. His belongings are there which shows that he is having constructive possession. Presently, the lock and key are of tenant. You may file a suit in court for eviction and rent due. In this the 3 days notice has to be given. After the notice, you can file the complaint in the court. If you know about the address of tenant at present then you can give notice to him at that place. If you do not know about whereabouts you can give a notice at the address mentioned by tenant for receipt of notices otherwise at the last known address of the tenant. Alternatively, you can post the notice at the premises and bring it to the notice of the clerk in the court for further action.

AFF

[moonstone]

I thought that the 3 day notice was used for situations where the tenant was behind in his/her rent. This is not the case here. I simply wish to have him vacate the property within the next 15 days.

We don't have a written agreement which states when the rent is due, but they have been paying on the 5-6th of the month. Can I use that as the beginining of the month and file the 15 day vacate notice with the Clerk of the Court while sending it to his home in Michigan?

You may want to research what's called a Holdover. This may be the most appropriate way to handle your particular situation.

Google Landlord Holdover eviction, or try this link: TenantNet - Holdover Proceedings

[sunlover]

You do not need a court action long as tenant vacates within the 15 days

Originally Posted by moonstone I thought that the 3 day notice was used for situations where the tenant was behind in his/her rent. This is not the case here. I simply wish to have him vacate the property within the next 15 days. We don't have a written agreement which states when the rent is due, but they have been paying on the 5-6th of the month. Can I use that as the beginining of the month and file the 15 day vacate notice with the Clerk of the Court while sending it to his home in Michigan?

I have to agree that the 3 day notice as being for where the tenant is behind in rent. A tenant at will can be given the 15 day notice as required by statute. I would to be on the safe side, send notices to both Fla. and Mich. RRR.

Only sunlover's answer is correct. Please read the post carefully, The tenant is NOT delinquent in rent. The rent is paid through the month. A 3 day Pay or Quit notice in FL is only for non-payment. A 7 day Perform or Quit notice is for material lease violations, destruction to the property, disturbing the peace, etc. A 15 day notice to terminate tenancy is for non-lease tenants that you simply wish to move out without proving anything. In this case, you need to serve a written 15 day Notice to Terminate Tenancy to ask the tenant to move out. If he doesn't, you need to file eviction to get the tenant out since he would be holding over. Once that case is decided in your favor, you can ask the court to come remove the tenant.

Actually the OP was correct initially, posts #5, 6, & 7 are also correct and verified the OP's question.

Originally Posted by moonstone I want to evict one of my tenants at my property in Florida. This it not for non-payment of rent, which is current through the end of the month. There is no lease. The tenant is not currently at the property, but his belongings are. Can I simply post the 15 day notice to vacate on the property and evict him at the beginning of the next month?

Should keep this in one thread instead of two, so we can follow better.

I have same situation, but my tenant lives in the house currently. I want him out. I know after I give him the 15 day notice of termination he will not vacate. Then I will file for eviction at the clerk office. From this point on how different is this eviction process than that for non payment?

For non payment I know he can either pay or make a motion to dismiss to delay matters. What can they do in this case to make my life miserable after I file for eviction for termination of lease? how long should I expect this type of eviction to last? Thank you.