HELP: How to Evict These Tenants

[Mary Winter]

Hello BP community, I am really anxious about the current situation in my rental in FL.  

I have a 3 bedroom rental that is managed by my PM. End of February, one tenant moved into the property. She has good credit scores, job, money in the bank, etc. She is the only person on the lease. Our neighbors told us that there are at least 3 adults ( one young couple, one old man) and 2 very young kids living in our property. They are there since the beginning of the lease. However, it does not look like the tenant on the lease is living in the property. When our PM confronted her, she said they are her family visiting her. They will leave in three weeks. She also did not notify us ahead of time. Our neighbors also noticed that the kids like to lean on the second floor windows, and it looks like the windows are open. So the kids are leaning on the screens, which is a HUGE SAFETY HAZARD! I also don't believe these people are her families visiting her because she does not live in the property. 

I want them out. I am so anxious that the kids can fall out of the window. My PM said if the kids fell, I would not be responsible for it because my windows are locked when I rented out the property. However, I don't want the stress or any accidents. I don't want to take any chance. My PM is telling me that I can't remove these people because the tenant did not break the lease, even though she is having guests that stay over 72 hrs without any notifying us. 

I am so anxious about this situation. Any advice you can provide would be greatly appreciated! 

[Michael Moy]

What does the lease say about guest?  If the lease says 72 hours then they are in violation and in most states you are required to give the tenants notice and x amount of time to correct the situation prior to eviction.  If your PM doesn't want to follow the lease and your wishes, might be time to look for a new PM.  If your lease does not address guest stay lengths and it is legal to do so in your state might want to look for a new PM. In the mean time, I would contact a local real estate lawyer and see what can be done.  Pay a small fee for advice and use it as leverage to get your PM to do what they should be doing in the first place.  If they still refuse, talk to the lawyer about what legal actions you have against your property manager for not following through with their duties.