Evict or Give 30 Day Notice of Lease Non-Renewal?

[James_Nindel]

I have a rental property located in St. Augustine, Florida, St. Johns county. My tenant lost her job several months ago and cannot pay her rent when it is due. For the last two months she has sent partial rent payments, as late as two weeks after the monthly rent is due. Her July 1st rent payment came by check yesterday (July 6th), and it is dated July 9th.

She is living on a month-to-month basis, her lease expired several months ago. She has violated other terms of her lease.

Should I evict the tenant now for violating the terms of her lease, or should I send a thirty-day notice of non-renewal of her lease, and if she does not vacate, evict her in thirty days? She only owes me July's rent at this point.

 

[jacksgal]

You have solid ground to do either. Give her notice to vacate 30 or 60 days as your state requires. I am unsure which. Or you can give her a pay or quit notice and when she doesnt pay begin eviction process. Now the notice to vacate might be easier and cheaper and if she doesnt leave or fails to pay rent you still have the Civil action to fall back on. Find a tenant/landlord Attorney who can get you up to speed on your states laws.

 

[jacksgal]

The following site may provide you some answers

http://www.800helpfla.com/landlord_text.html

 

[James_Nindel]

Thank you very much. Much appreciated.

 

[LBLL]

Give her the proper notice for your state/county/city in CA it would be a 3 day notice to pay rent or quit. In CA we would not cash the
the check as doing so would cancel out the 3 day. She is being slick in that she is trying to avoid both legal notices. Giving you a post dated check for this month. That would be cash-able by the time the 3 day is up. I'm not sure but I think that a post dated check is
not valid. So what I would do. Is to issue the three day and also
give her a 30/60 day notice to terminate. So you can go with either.

Non payment of rent is always the better choice. If the check turns out to be NSF that is crime passing bad checks. You can turn it into the DA.

Time to get a new tenant in your rental.

 

[jacksgal]

Where I agree passing bad checks is illegal sending the person to jail is not going to get you your rent! However it could be used as a tool to get the rent. "Make this check good by (insert date) or I will be forced to send this check to DA for prosecution".

 

[jacksgal]

By the way to my knowledge and, I could be wrong. Writing "post dated" checks is illegal in some states

 

[James_Nindel]

I think what I will do, unless you advise otherwise, is send her a 30-day notice of lease non-renewal by FEDEX (telling her to vacate by August 8th), and then deposit her July rent check on the 9th. If she does not vacate on August 8, I will then begin the eviction process.

 

[jacksgal]

Sounds good to me. This leaves your options open and could save you the cost to evict if it works

 

[James_Nindel]

By the way, I have read many of your other posts. You're good! Do you do evictions in St. Johns county?

 

[jacksgal]

No I do not and I am not a Tenant/Landlord Attorney.