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Updated over 1 year ago, 05/04/2023

User Stats

12
Posts
6
Votes
Kent M.
  • Homeowner
  • Orlando, FL
6
Votes |
12
Posts

Backlash from a month to month lease termination

Kent M.
  • Homeowner
  • Orlando, FL
Posted

Hello 

TL;DR A tenant who pays early or on time is causing a lot of headache so i want to end her month to month lease. Based on my interactions with her in the past she is likely going to seek legal support, counter, and not move out. What can i do in preparation so i'm ready for anything she might throw at me?

Questions: 

1. What is the law if something isn't spelled out or addressed in the lease?

2. Can i just email her the notice to end her lease? or does it have to be through the mail?

3. Do i need to give a reason for ending a month to month lease?

4. If she tries to fight back and doesn't move out, what are her rights? For example, if i want to end her lease at the end of July, but she doesn't move out. Do i have to go to court and file some kind of legal removal and bring in the cops?

5. If she decided to try and counter sue or something, would she be allowed to stay until everything is settled?

6. What if the tenant forges a new lease? Random thought, i did ask a while back to sign a year long lease. I had a new lease drafted up and sent her a copy but i never signed it. What if she forges my signature? (I think my paranoia is taking over)

7. Anyone know a good lawyer in Central Florida? lol

The Whole Story

The History: The wife and I purchased a house and to help pay for the mortgage we picked up 2 roommates (i'll name them Tenant1 and Tenant2) to house hack for a few years. We all got along well, everyone was considerate of each other, no one complained about anyone and we even all hung out from time to time. Then, my wife and I got a second home and moved into that house, leaving the first house with some empty rooms. I went looking for another person to move in and found the current tenant (i'll name her Tenant3) and another guy (Tenant4)

The Tenant (Tenant3): During screening i called her previous landords (one was a relative the other was a friend) they said she paid early and never missed a payment and was easy to live with. Her background/criminal records were clean. Her credit was really bad but asked if she could pay 1st and last months rent plus deposit. I agreed and she moved in shortly on a 6 month lease as a trial. Once the lease is over it'll roll into a month to month unless we sign a new lease. 

The Headache 1: About a month after moved in I started getting complaints from Tenant3 about Tenant2. Tenant3 said that Tenant2 was being creepy and that she didn't feel safe. I was hoping things would work itself out but I started to get harassment complaints from Tenant2. Eventually it got so bad, Tenant2 asked if he could move in with me in my new place. I was looking to fill a room so it all worked out in the end. 

The Headache 2: Not long after Tenant2 moved out, Tenant4 asked if he could move into the old room of Tenant2 (it was smaller so it was cheaper). Tenant4 told me he speparated with his GF (who was paying half the rent) so he was struggling to pay rent. I didn't see any problems so I let him move rooms. Fast forward 3 months. I'm getting complaints from Tenant3 that Tenant4 is very dirty and doesn't keep the shared bathroom clean. I was given photos but it's a shared bathroom between 3 people so it's hard to tell who is causing the mess. Then Tenant4 is complaining that Tenant3 is harassing him (via text by name calling and belittling) to the point he doesn't feel safe or welcome at home.

My Solution: Tenant3 hasn't signed a new lease so currently she is in a month to month lease. I'm planning on terminating her lease but i'm worried about the legal backlash. Or anyone else have any other thoughts on how to handle the situation? On the flip side, Tenant3 pays on time or early and i've never had any issues. As a tenant she is great but she doesn't seem to get along with other people in the house. 

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