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Updated over 7 years ago,
What form should I use and reason for eviction?
My mother has recently had a series of strokes leaving her mentally and physically incapacitated and I have power of attorney for her. She owns a house that is going through foreclosure in Pasco County, FL that has a tenant. First, I can't find a signed copy of the lease and neither can the tenant. Second, even with the signed lease the tenant is now month to month. The tenant received paperwork and found out about the foreclosure so he decided not to pay the May or June rent. Rather than sending him a notice of eviction for not paying the rent, since I don't want him to pay and continue the lease, I sent him a notice the lease would not renew and to vacate in 15 days (last day of June). I need him out of the house so that I can "try" to short sale the house which is required for her Medicaid application.
When the tenant received the notice he flipped out, called me and started screaming at me. He then proceeded to tell me that he had a right to stay in he has house because of the foreclosure and he also claimed he and his girlfriend were getting sick from black mold he supposedly told my mother about numerous times. He also called an attorney that told him to go to the ER and he would be suing my mother for their "illnesses".
At this point I need him out of the house ASAP so that I can try to short sell it if possible or risk her being denied for Medicaid. It's past the timeframe which I requested he be out of the house. I checked Pasco County's landlord-tenant website and I'm not sure which way I should go, and which form should I file. Should I go back and evict for no payment or should I go forward with evicting based on the end of the lease and he won't vacate? If so, I'm confused at which form I should file. I don't really care about the past rent, I just need him out ASAP. Any suggestions?