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eviction Eviction Grounds

Discussion in 'Eviction, Recovery of Premises' started by shuney, Aug 8, 2016.

  1. shuney

    shuney Law Topic Starter Guest

    Jurisdiction:
    Florida
    Rental property with a month to month lease for the last 18 months.
    The tenant rented out 2 rooms and they have destroyed the house. Broken windows, small fire with minimal damage, trash everywhere, it looks like its abandoned. We've tried to maintain the outside but it doesnt help.
    The past months we have spoken to tenant urging to look for another residence because we want to sell the home. We served them with the 15 days to vacate (which was 21 days because you can't count weekends) Now the original tenant is moving along with one of the other renters. The original renter is turning off the electric and water, it is in his name and he is moving out this week. The 3rd tenant refuses to leave, we have filed the proper eviction notice but she has called code enforcement, and the police she is threatening us stating that we need to provide her with water. We never had it in our name, it was the original tenant who is disconnecting it. Are we responsible to turn it on to a tenant that is being evicted?
    She has called code enforcement on things that need to be addressed, broken windows (she has broken them).. but we cant repair if she wont let us in and we will be fined if not repaired in 10 days?
    I cant sue her, she has nothing. I feel bad she states she has no where to go, but I need to sell the house
    HELP??
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Sorry, but you are so far in over your head that you need to hire a lawyer right now.
     
  3. shuney

    shuney New Member

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    That probably will be my next step. In the mean time, am I responsible to call the city and have the water connected for her?
     
  4. army judge

    army judge Super Moderator

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    Offer her $500 (IN CASH) if she leaves IMMEDIATELY, after signing a letter declaring she's VOLUNTARILY moving, in return for your kind DONATION of $500 to help her in her resettlement.

    Make sure the letter states she won't receive the MONEY until she's removed all of her junk, agrees to hold you harmless for her plight, and is at least ONE MILE away from YOUR property. Furthermore, in consideration for her immediate compliance, she agrees to never return to your property.

    Have copies ready for ALL to sign, a truck ready to cart her and her junk away, don't bring the money with you, have an associate and the money at the drop off place ONE MILE away.


    Yeah, sucks, but works because most will jump at the chance to get that cash. I say $500, I've had it work with as little as $100, if the person is desperate.

    On occasion, I've had the sheriff or police on hand to keep the peace, and to issue her a NO TRESPASS WARNING, ensuring criminal penalties if the critter returns.

    I believe in paying to play, as well as avoiding evictions which take months. In her case, you evict her carcass, you'll be lucky if she's ordered out by Christmas.

    This way, if the sucker bites, she's out within minutes!!!!

    Plus, you can begin refurbishing the home to sell it.

    I also suggest having a locksmith on scene to change the locks, and a "board up specialist" to secure the windows.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    No.

    Read 83.51 of the FL landlord tenant statute. Note the following:

    (e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.

    (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.


    Statutes & Constitution :View Statutes : Online Sunshine
     
  6. shuney

    shuney New Member

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    Thank you for your advice, I'm getting started on this immediately.
     
  7. army judge

    army judge Super Moderator

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    Please keep us posted on the events as they unfold.

    Good luck, mate.
     

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