Florida: Tenant in Jail, complete stranger in house

[Glenn Kopensky]

I bought a house in Palm Beach County this year and it came with an existing tenant with a lease. The lease has only one tenant's name and says up to 5 children under the age of 18.  After I closed, the county removed the children from her custody because of abuse.  Then the tenant was arrested a few weeks ago and will be in jail for a long time. The charge is about as serious as you can get. 

My property manager went to the house and there is a guy living there (over 18).  We have not seen him before or know who he is.  He may have moved in after the tenant was thrown in jail, or maybe he was there before that.  We just don't know.

My lawyer is telling me there is nothing I can do to get this guy out other than go through the formal eviction process against the tenant that is in jail.  I really can't believe that I have no option but to let some unknown stranger who is not on the lease and not allowed to live there just live in this house until an eviction is complete.  My house could be destroyed by then.  He could have wild parties.  Steal fixtures, plumbing, appliances, whatever and I just have to let that happen?

Are there any others with similar experiences or any lawyers familiar with Florida law that can help me?

Thank you.

[Bettina F.]

Originally posted by @Glenn Kopensky:

Thanks everyone.  Even if I pay him (not on the lease) to leave, I still have to go through the eviction process against the person on the lease. She is in jail.

Get the tenant to sign a release of possession.  Then you will not have to evict.

[Bettina F.]

Originally posted by @James Barnhart:

This is another reason why I ONLY rent to anyone on a month to month basis.  Either the tenant or the landlord can terminate the rental agreement with a 30 day written notice. .....  

Please tell me again why people think leases on houses are a good idea for a landlord.  I have seen many reasons on BP that convince me otherwise.   They mostly benefit the tenant.  

I agree.  We also only rent month to month. Focus on making your places easy to turn over rather than trying to keep tenants who do not want to be there.  We have not found that we have increased turnover with month to month arrangements.