Posted by Nate on February 25, 2001 at 16:54:38:
In most jurisdictions, even if they do not have a lease and are not paying rent, if they are living there, they are considered tenants, and must be dealt with accordingly.
Why not tell the seller that a condition of you buying the house is that it be delivered vacant? Then it is his problem as to how to get them out (offering cash, evicting, or whatever)…
How to evict holdover tenants?? - Posted by bvmp
Posted by bvmp on February 25, 2001 at 16:39:13:
Can anybody tell me what forms are necessary to have a tenant evicted from a property who has no lease and is paying no rent?
I am vuying a house from a man who got divorced from his wife and he and his wife both moved out of the house. Unfortunately, one of her sons by a prior marriage and some of his friends moved into the house.
The police said it has to be handled by the courts but I do not want to give them a 3 day notice as there is no lease and I just want them out.
Any suggestions …FYI, we are in Florida.
Since it sounds like you haven’t closed yet, - Posted by SusanL.–FL
Posted by SusanL.–FL on February 27, 2001 at 13:55:58:
tell the seller that you will close when the house is vacant. Try to dump the ‘problem’ in his lap and he’ll have to take action if he wants to close.
Be sure to do a ‘walk-thru’ inspection the morning of closing…just to be sure that they haven’t vandalized the property.
Good luck. Best to try to avoid the hassle of eviction since the process does take some time.
Sorry to say… - Posted by Rick Wheat
Posted by Rick Wheat on February 26, 2001 at 07:05:27:
that they ARE tenants, (at sufferance), even if there is NO LEASE. In Florida, you MUST do the eviction through the courts, using the applicable 3-Day Notice in the Florida Statutes, followed by the Formal Complaint for Eviction. Keep in mind, you CAN handle this yourself if you OWN the property as an INDIVIDUAL, but if it is owned by a corporation (which you should for asset protection purposes), then an Attorney has to handle it in Florida. I’ve been managing properties in Florida for 10 years, and have a pretty good idea of what you can and can’t get away with.
HOWEVER, you might be able to PAY them to leave. I know, that hurts to give money to someone that OWES you money, but it is usually cheaper than paying for a court mandated formal eviction. Especially considering possible attorney’s fees.
If you’d like some more advice, email me.
GOOD LUCK!!!
Rick Wheat
rick@rwcproperties.com
Re: How to evict holdover tenants?? - Posted by Terry (Houston)
Posted by Terry (Houston) on February 25, 2001 at 19:38:13:
I would also offer up that if the judge says they are tennants you would have to start the process after that delay. Why not start it now so after 3 days you are already set?
Good luck with them and let us know how it works out.
Terry