Landlord/tenant PROBLEM!!! - Posted by Eduardo

Posted by Rob FL on May 31, 1999 at 17:51:44:

If the lease expired, then the tenant has to move ASAP. If you accepted her rent payment after the lease expired, you unfortunately made a huge mistake, your lease would immediately revert to the state landlord/tenant laws concerning this situation. If the tenant starts playing games with you, immediately file eviction papers and tell her to get packing.

I use a lease that is self-renewing, once the intial term expires, it automatically converts to a month to month agreement.

Landlord/tenant PROBLEM!!! - Posted by Eduardo

Posted by Eduardo on May 31, 1999 at 15:22:28:

Here’s the situation,
When my tenants originaly moved in I had them sign a lease. The lease expired, and they are not willing to sign an extension on the terms and conditions that we originally agreed upon. Since the expiration of the lease, the tenant decides when she wants to pay the rent. Not only that, but when she does pay the rent, the check is sometimes post dated and sometimes there are no funds to cover the check. I am not looking for the tenant to the lease for another year, I’m just looking for an extension on the terms and conditions, or a way to evict my tenant since my tanant is unwilling to cooperate. What can I do?

Re: Do the legally correct thing - Posted by Millie I.

Posted by Millie I. on May 31, 1999 at 22:25:32:


1)Send the tenant an official 30 days notice and reminder that the lease has expired, and you do not wish to renew the lease. Give her a specific date to move out by midnight. Firmly advise her that she would be traspassing, and be subject to legal eviction if she is not out by that date. Give her 7 days to respond to you, or you will initiate legal action, charging her for full legal costs.

2)Advise her that if she is not out by that specific date, she would be charged $50 or more per day until she is out of there. All unpaid rent will be retrievable through court garnishment. If that happens, follow up with another notice that her new daily rental rate is $50 until she moves out.

  1. Advise her to clean all rooms, and remove all debris from the rental unit, or she would be charged $100 to $450 for cleaning, plus repairs to damages at the professional rate of $45 per hour. All retrievable through court garnishments or liens on personal properties or bank accounts.

Consult your attorney for details. Play hard ball, this is no time to be a gentleman. The important thing is to create an official paper trail that you can submit to the judge proving that you have provided sufficient notice to the tenant, and you have every right to reposses the property for your own use.

Millie I.

P.S. Don’t forget to charge ‘Lost of Income’ against the tenant if she trash the place and you can’t rent it for a month or two. She is paying for all your losses even after she moves out.

Millie I.