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Updated over 4 years ago on . Most recent reply

User Stats

12
Posts
4
Votes
Jake Ferguson
  • Rental Property Investor
  • Panama City Beach, FL
4
Votes |
12
Posts

Couple eviction when one has already moved out?

Jake Ferguson
  • Rental Property Investor
  • Panama City Beach, FL
Posted

So here's a quick synopsis of what happened here. Boyfriend/Girlfriend signed a lease in March. Broke up in July. Boyfriend says he "moved out", but kept his things there and kept paying rent. He recently moved his things out, paid half of October rent, and informed me that there's a new boyfriend moved in (It's a 1BR unit). Girlfriend is given 7 day pay or quit on the 6th and claims she paid (she didn't - all online payments). Now she's buried her head in the sand and won't answer calls or texts or the door since. I do have a clause in the lease that says if someone else moves in we can terminate the lease if they don't comply within 30 days.

I did not issue a 7 day pay or quit to the boyfriend (maybe dumb on my part). He's a service member with 0 credit and fresh 18. He has been very communicative and compliant during the entire time. 

CDC has issued the eviction moratorium until the end of the year, but the tenant has not completed, nor attempted to complete, any step required for the moratorium to apply to this case. 

Few questions. 

1. Should I issue a 7 day pay or quit to the boyfriend? I'm curious that if it goes to court, what the judge will say about the situation.

2. Should I issue the 30 day notice to comply immediately or wait until the end of the 7 day notice? My thoughts were that if she received both she would just wait the 30 days and be confused.

3. Is there anything I'm missing? I should've ended the lease when they split up, definitely a lesson learned here!

Let me know what you all think please!

  • Jake Ferguson
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