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Updated over 7 years ago,

User Stats

18
Posts
16
Votes
Tracey Smythe
  • Investor
  • Orlando, FL
16
Votes |
18
Posts

Florida Holdover Tenant Eviction

Tracey Smythe
  • Investor
  • Orlando, FL
Posted

We have a tenant who is coming up to the end of his 1 year lease this month. He mentioned to me several months ago that he is not renewing, so I sent him a non-renewal form mid March (certified mail). The lease states that it does not go month to month, and has to be renewed by both parties for the tenant to stay. The HOA requires one year leases, and they have instituted new screening requirements that he cannot pass. He has also been a terrible tenant, and I wouldn't renew even if the HOA would approve.

Everything seemed to be going well, and he was on track to move out based on our conversations.  Then this last week he contacted me and said he couldn't find anything else and asked to stay another month.  I told him no, and that he had to leave. I told him that I could not accept any rent, and that he absolutely had to leave. He kept trying to negotiate additional time, and I told him that he could not stay.  

He finally agreed that he would leave this weekend, if I could do the walk through the day he left and refund the security deposit (after assessment of any damages) quicker than the 15 days that Florida requires.  I have been driving by, and have friends that live next door, and so far it doesn't look like he has done anything towards getting out.

I have all the usual quit notices, but it seems as if there is a special notice for immediate eviction of a holdover tenant in Florida.  Can anyone confirm if this is true, and if so, can anyone guide me to where that form can be found?  This is my first (potential) eviction in almost 6 years, so I am a little nervous, but trying to get geared up for what I anticipate is about to happen.

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