Fl duplex with tenant issues

[Will Mckenzie]

I just bought my first duplex with a tenant and he has 9 months left on lease. He only pays about 70% of what the rent is worth. More importantly I need to get in there and remodel everything. He’s broken the lease by 1 smoking 2 girlfriends dog 3 has his uncle living on property not on lease. I’d like to get him out what are my best options ?

[Nathan Gesner]

Don't run to an attorney immediately. I've removed hundreds of tenants over the years without using the formal eviction process and there are a lot of different methods.

• Ask. Tell them how they've violated the lease six ways to Sunday and that you would like to part ways amicably. You'll be surprised how many tenants accept this.
• Demand. Give them written notice of the lease violations and demand they vacate no later than [DATE]. There are a lot of variations to this. You could give them 30 days (or whatever your state requires) or you can shorten it down and see how they react. I've told people to leave in 72 hours and many of them have agreed! You can also try giving them some incentive. One option is to tell them you won't require them to clean but you'll still give them a full refund of the deposit if they are out by the deadline and there's no damages. Another option is to offer to the deposit plus additional money. How much depends on your desperation. NOTE: discuss this verbally and then put it in writing! Do not let the deal fall apart or get screwed with a verbal misunderstanding.
• Evict. If you they don't respond to your Ask or Demand, then it's time to evict. Don't screw around and try to save $800 by doing it yourself if you aren't experienced. One mistake can cost you a lot more than an attorney and legal mistakes are easy to make. Try to find an attorney that has lots of experience with evictions. Not all attorneys are equal.

There's much more to it that comes with years of experience, but my point is that eviction doesn't need to be your first option. The vast majority of tenants will leave by request or demand.

ADE: Ask, Demand, Evict ™