Backlash from a month to month lease termination

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Backlash from a month to month lease termination

Kent M.
Homeowner · Orlando, FL · Member since 2017 · 12 posts · 6 votes

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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Nick C.
Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
4y

1) Google the Tenant Landlord Laws for Florida

2) This will be covered in the Tenant Landlord Laws, but you should email her and post on her door, and do certified mail. The more evidence you have the better. 

3) No

4) Yes you will have to evict, and she will be able to stay in the house until you get a writ of possession from the court and the sheriff comes to physically remove her. 

5) If the counter lawsuit delays the writ then yes, but you should pursue the eviction anyway. 

6) Get a handwriting expert to prove the signature is not yours in court. She will lose all credibility and it would help your case.  

7) I don't but if there's legal trouble this is the right question to be asking. Don't go it alone if she lawyers up. There's plenty of landlord hating lawyers that will take her case for free. Unfortunately landlords aren't so lucky, you will have to pay for your legal representation.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Hindsight is great, but never take a reference from a family member or friend of the applicant.

    Your lease should have something about termination. If not, look up your local laws and see if you have to give 30 or 60 days' notice.  You don't have to give a reason for the termination of the lease, simply say you are not renewing the lease (or in your case, you are giving her 30 days' notice). Expect some problems from the sounds of her.  If she fails to move out on the agreed upon time (eg July 31), then serve her notice on Aug 1. I'd talk to an eviction attorney and let them handle it as it sounds like you don't quite know what to do.

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  • Nick C.
    Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
    4y

    1) Google the Tenant Landlord Laws for Florida

    2) This will be covered in the Tenant Landlord Laws, but you should email her and post on her door, and do certified mail. The more evidence you have the better. 

    3) No

    4) Yes you will have to evict, and she will be able to stay in the house until you get a writ of possession from the court and the sheriff comes to physically remove her. 

    5) If the counter lawsuit delays the writ then yes, but you should pursue the eviction anyway. 

    6) Get a handwriting expert to prove the signature is not yours in court. She will lose all credibility and it would help your case.  

    7) I don't but if there's legal trouble this is the right question to be asking. Don't go it alone if she lawyers up. There's plenty of landlord hating lawyers that will take her case for free. Unfortunately landlords aren't so lucky, you will have to pay for your legal representation.

    3Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Kent M.:

    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?

    Don't overthink it. You can end a month-to-month tenancy by giving appropriate notice. You don't have to justify it.

    Keep it short and professional. Demand any response from her be in writing. Do not engage in back-and-forth discussions. You gave her notice and expect her to be out no later than 11:59PM on [DATE]. If that date passes and she's not out, hire an attorney and start the eviction process immediately.

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    1Reply
  • Denny Mears
    Member since 2022 · 15 posts · 9 votes
    4y

    I usually just give them a 30 day and inform them I’m going a different direction with the unit . Now in some states like New Jersey you’d have to give a legal valid reason . 

    1Reply
  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    4y

    @Kent M. It’s a month to month lease, FL simply requires 20 days notice, before the 1st of the month.  Make it certified mail. No reason needed.  If she refuses, you have to start eviction and follow those procedures.

    1Reply
  • Joy G.
    USA · Member since 2016 · 16 posts · 2 votes
    3y

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

    No reason needs to be given per Florida statutes. 

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