Evict for failure to pay rent or simply end lease?

Question

My current back tenants (bf and gf with 1 and sometimes 2 kids) have been a headache since day 1. They are on a month to month lease since their year lease finished.

Per the lease agreement I can end the lease if I give them 15 days notice. They are also always behind on rent, but usually gets me it all by the end of the month. I have also considered going the route of evicting him for failure to pay rent. It is just a constant headache and I am tired of dealing with it after 16 months.

Is there any reason that I should pursue one method over the other (end lease vs eviction). If I tried to get rid of them via either method I am also afraid they will try to not pay rent yet still stay as long as possible. I have heard the eviction process can be quite costly and I would prefer to not go that route.

I have also attempted to get him to lay pavers behind my #2 and #3 units to help cover rent since he did this for a living for a while (he laid them behind unit #1 and they came out great and he did it for very cheap), and he has agreed to do so and even seemed quite interested, however something always comes up and their hasn't been any work done in the last month in that regard.

Thanks in advance for any advice!

Gail K. · Answer

It is a 15 day notice that is only required to terminate a month to month tenancy in Florida.

"Hopefully" with a steady job the rent will be paid on time.  Heck, at least it's being paid (although late).    In the meantime you can start saving to do the rehabbing when they finally leave (either on their own or with your "help).

Gail

Josh D. · Answer

I would 15-day them after they pay you but it has to be 15 days before the end of the month or it would not be effective until the end of the following month (up to 45 days later). When they don't pay, 3-day and file to evict immediately.  Evictions are not that expensive (around $500-600 including court costs, writ, etc), dragging it out with a tenant that will eventually get evicted is more painful and costly.  Better to get them out and rent to someone that pays on time and probably a higher rent.

I would not recommend having the tenant do work for you.  I tried to help one of my tenants that was always behind, he did some work refinishing some floors for me and then tried to charge me more than his written estimate.  I paid him what was owed and he accepted.  I eventually filed to evict him and he wrote the judge a letter claiming I had mistreated him, etc. The tenant didn't show to the hearing and I won but having a tenant do work gives them the opportunity to dispute the amount of rent owed which can screw up your case.

A $200 fee for posting a notice won't stand up in court and will make you look really bad to the judge.  If you included that amount on the 3-day you use to file the eviction a judge would likely rule it defective and make you start from square one.

Levi T. · Answer

Please don't cash for keys, it's  unprofessional.  They only states that makes sense to do this, are states like California where they have ruined the rental business by stipulating to me crazy laws that make it unfair to the businesses and almost impossible to evict someone.

Most states are 30 day notice, so files for a  unlawful detainer with a judgment, then in court tell the judge they are month to month. The judge will terminate them quicker than you can blink. Also tell the judge that they've been constantly late, here she may give you an immediate possession vs a 10 day.

Thomas S. · Answer

What I would do depends on their payment status. You need to get paid for rent owed before you give any notice as most likely you will not see another dime after that point.

If there is any way to get them to pay take the money and the next day give them the 15 day notice, with luck it will be before mid month and you will be rid of them by the end of the month. This way your vacancy is only as long as it take t screen a new applicant. You will likely lose one month.

Make sure they understand if they do not leave as ordered you will evict and put it on their rental and credit reports. Remember these are soon to be ex-tenants, you do not care about them as long as they are gone.

John Thedford · Answer

re: 83.57 Florida statutes is the governing statute.

Gail K. · Answer

" But I have also had to deal with cops being here to  arrest the bf, his drug dealer swinging by on occasion, and  also the  bf and gf waking up my front tenants by fighting right outside their  door, drunk at 2am."

This would justify terminating their lease more than the late rent business.

After all, you don't want your front tenants to leave because of these folks.

Gail

Mark Stone · Answer

Yes @Gail Kaitschuck I agree it could definitely be worse, since I at least end up getting the rent eventually. But I have also had to deal with cops being here to arrest the bf, his drug dealer swinging by on occasion, and  also the bf and gf waking up my front tenants by fighting right outside their door, drunk at 2am.

Lol I just keep telling myself it could always be worse!!!

Mark Stone · Answer

Yeah I had done some research on appropriate late fees and penalties for posting a notice and they didn't seem to far out of the ordinary. They have lived here 16 months and not once had rent to me on time. I have never enforced an actual late fee. Obv I blame myself for letting the problem get to the point it is at. Learning things the hard way I guess lol.

Also, I mean if I get rid of them I will have a lot of rehabbing to do on that unit. So, if his new job means they can pay rent consistently on time then I might let them stick around until I move out, which is up in the air. But no chance I am leaving them here when I move out.

Thanks again for the advice.

Samantha Klein · Answer

I would try and a avoid charging big fees like that for having to post notice because if you end up going before a judge, he may think that's too much and it will make you look bad. You have to decide how long you want to keep them. I would probably wait until spring to let them go unless they leave you no choice.

Mark Stone · Answer

Thanks for the advice guys.

Here is the link, which I believe is a reputable enough source for supporting the 15 day notice I mentioned.

http://www.nolo.com/legal-encyclopedia/florida-not...

I have thought about cash for keys and may go that route if needed.

I may end up posting another pay or quit. The current lease was actually was drawn up by the old landlord, bc when I bought the property I inherited the back tenants. In the lease it specifies an additional $200 fee if I have to post a notice. Is this a typical amount to tack on?

The bf just recently got a M-F 9-5 job as opposed to working side jobs. Therefore, if they have 2 steady paychecks coming in starting in a few days I feel more confident I can consistently get the next few rents from them. And then still allow him to lay pavers if he wants with the ability to walk away at the end of January/Feb with an additional $1-$2k.

You guys def gave me some things to consider though so thank you!

Evict for failure to pay rent or simply end lease?

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