Tampa Fl- Do I have to Evict or Can I just change locks?

Question

Tenant... signed lease in December paid deposit. Lease began in January. She has not taken possession of the home. We were supposed to have her walk thru today and she was a nocall/no show. Instead she sent us a text stating that the home was uninhabitable. She stated that she had to cancel her moving truck. Her daughter would not be back in town till next week and we need to meet and go over our contractual obligations to each other when her daughter returns. Originally, they stated they would not be moving in till April. Telling us multiple times to take our time... The home is in immaculate condition. There were still a few small items to check off the list but, nothing that would prevent her from moving in or paying rent on time. What is the easiest way to dissolve this lease? What kind of legal consequences might I have to face?

Kim Meredith Hampton · Answer

@Joyce Jackson sounds like something has happened on their end that doesn’t allow them to move there at this time, or they found something else. I would call her bluff and tell her that if she doesn’t move in and pay the rent, you will be forced to file and eviction, and it will also be on their credit.

Try and work something out with her to either move in, or sign off they are Not moving in, and give you the keys. If it’s in a great area and in good condition, you should be able to rent right away

Tyler Howell · Answer

@Joyce Jackson She has probably had a major change of circumstance and used the term "uninhabitable" in a lame attempt to scare you into giving her deposit back / let her out of the lease without pursuing her. Keep the deposit for damages, notify her in writing of abandonment, change the locks, and list the property for lease right away.

Joyce Jackson · Answer

@Tyler Howell

You are the best! The month she paid for was January. She had keys, we upgraded the handles on sunday which is a new set but she never showed up for her walk through. She has not paid for this month. Nor has she moved any of her belongings into the home. Instead she texted me the day that she was supposed to take keys and pay that when she had viewed the home at an earlier date it appeared inhabitable. The whole sitiation is confusing because she stated that she had to fullfill another lease and since she would be paying the rent without living there she asked if we could add some curtains and ceiling fans as well as a few other items. Then she no called/no showed for her walkthrough and instead texted me a statement claiming that we had been delaying her from moving in and that the home was uninhabitable. She never mentioned when she would pay rent. Why do you think she would do that?

Jeffrey Kops · Answer

Hey Joyce, Sounds like you are dealing with someone who could be a major problem if not handled correctly. I appreciate you are asking for advice in this forum, but you are asking for legal advice that quite frankly none of us are qualified to answer definitively, Your best option if you are self managing your property is to contact a local R.E. attorney and discuss your next steps if you are not crystal clear on what actions you need to take. So much depends on how your lease was written up.

Joyce Jackson · Answer

@Joyce Jackson soory it posted teice but Thank you!

Joyce Jackson · Answer

@Tyler Howell

You are the best! The month she paid for was January. She had keys, we upgraded the handles on sunday which is a new set but she never showed up for her walk through. She has not paid for this month. Nor has she moved any of her belongings into the home. Instead she texted me the day that she was supposed to take keys and pay that when she had viewed the home at an earlier date it appeared inhabitable. The whole situation is confusing because she stated that she had to fullfill another lease and since she would be paying the rent without living there she asked if we could add some curtains and ceiling fans as well as a few other items. Then she suddenly sped it up said she was going to move in in 4 days. Then she no called/no showed for her walkthrough and instead texted me a statement claiming that we had been delaying her from moving in and that the home was uninhabitable. She never mentioned when she would pay rent. Why do you think she would do that?

Joyce Jackson · Answer

@Michele Patterson

Sure the home is 3600 sqft. 5bdrm 3.5 baths 3 car garage was custom built in 2013. Lots of oversized windows 15ft ceilings in living room 10ft throughput the rest of the downstairs and 9ft upstairs. Its sits on 1.5 acres. Master downstairs... ensuite or mil upstairs located About 25 mins outside Tampa and 5 mins outside of lakeland. We have modernized the entire home- no carpets wood stairs, porcelain wood grain tile throughout . Its gorgeous. Please let me know if they are interested. Rent $3000.00.

Nicole Heasley Beitenman · Answer

Follow the lease. There should be something in it regarding possession and what happens if the tenant doesn't take possession within a specified period of time. If you don't have a possession clause, add one. Then follow up on your state's laws regarding possession and eviction to determine if you need to go through the eviction process or if you can just terminate the lease and move on.

Tchaka Owen · Answer

@Joyce Jackson - you have to follow Florida law. Assuming your lease has a 5-day grace period, you have to right to post a 3-day notice beginning Feb 6th. You've been kind to allow things to stretch out. When you're ready to get things moving, post a 3-day notice on the door (take a pic), mail a copy to her address and email one as well. That way you are covered. If you do not have the funds after the 3 days are up (not including weekends and holidays), file for eviction.

Tyler Howell · Answer

@Joyce Jackson -  If she's paid rent, she has bought that month, so don't take any action. If she's only paid a deposit, and you claim Abandonment, you can repossess and change the locks without a court order. You have to "be sure" they've abandoned it. Having the keys returned to you, or them never picking them up, will suffice. If she's stated in writing (text or email) that she's abandoned the property, that will also suffice. However, if she's paid rent do NOT change the locks - that's illegal. You have to go through the eviction process. If the month she has paid goes by and she doesn't pay the following month's rent, you can then claim abandonment at that point.

Tampa Fl- Do I have to Evict or Can I just change locks?

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