All Forum Posts by: Alexis Renny

Just an update as of 3:38 pm the tenants are out and have returned the keys! We are changing the locks now and I’ll update on anything else.  Damages look fair, we will need to do lots of re-painting (they painted loud colors on most of the walls and wall papered 😂), lots of holes, and some minor wear and tear that we anticipated.  There is some major floor damage that we will have to address but until I speak with the previous owner it will be hard to determine if this was present when they moved in.  At any rate it’s way beyond the scope of their deposit so I’ll still be paying for a contractor and repairs up front.  Oh the joys of home ownership! Thank you to everyone who took the time to share their insights and advice.  

Thank you @Jon Holdman I actually have already spoken with the city of Miami code enforcement prior to purchasing and explained everything  to understand my options and they were very adamant that if I reported them after buying as the new owner it would affect them and not me.  Anyways I agree with you I would prefer not to get them or the police involved, it was more as a bargaining tactic as these tenants are not exactly sharp.  Anyways the seller just got back to me that he does actually have a move-in checklist for them and only photos of the interior of the unit just not the exterior and landscaping.  So I guess worst case scenario if there are damages, cleaning fee I can take it from the deposit with that evidence? Also I plan on changing the locks tonight as it sounds like they will be turning the keys in before 5 pm.  They just said this to my fiancé (they prefer to deal with him instead of me because I’m more strict lol!) Can that be deducted from the deposit too? I just want to make sure I know the rules....if there’s an article on here for that please direct me there since I know that was not the original topic  I posted here.  I’m so thankful I found this site and you’re right this is a huge frustrating lesson as I saw this coming a mile away when I wanted to purchase but unfortunately it’s very much a seller’s market in Miami and I only wanted this property.  I will be screening all future tenants using the amazing advice on this forum so I can minimize the chances of something like this happening again. Thank you again everyone.  I would love more advice and I will keep this post updated until they vacate / the outcome. 

@Jon Holdman thank you for your advice. Unfortunately we were up against a few deadlines and could not delay the closing any further.  Their lease has been up and month to month for at least 5 months now, they’ve lived here 1.5 years and I’ve lived here 3.5. The seller admitted to me in texts after we closed that he didn’t have move in photos, even though he stated prior several times that he did.  Typical Miami crap. The only photos he has are 5 years old and pre-date even myself living here along with landscaping and several improvements he made. There’s also no move in checklist.  And as of today it appears there is no original lease (now month To month( that the tenants signed. What we do have is the signed and dated letter from the tenant stating the following:

Dear landlord,

Name etc 

This letter shall serve as written notice of my intent to vacate the premises.  I will be gone on or before date March 31st.  Please send my deposit refund to the address that appears below.

Address 

Signed tenant 

Dated March 14th 2018

Thank you Greg and Derek, it looks like they are moving their larger items out now.  I really pray that they will be gone today.  I have 1 week off and several family members coming into town starting tomorrow to help us re-landscape and repair, all of which I’m doing out of pocket so we can just move on.  In this case I’m also concerned because I was given the lease assignment (I closed on March 23rd) but it only has the previous landlord / owners signature on it and not the tenants.  The previous owner admitted to me via text he has neither their signed copy nor move-in checklist and before photos.  His lease with them states they can make improvements and remove them after their tenancy only IF they restore the property to the condition in which it was received, which is not currently happening.  Anyways I’m fully and financially prepared to re-do the landscaping and make repairs to damages but how do I go about proving and using the deposit for this legally?

Hi there! I spent hours last night pouring over this forum and hadn’t  found anything that quite addressed my unique and frustrating situation. I recently closed on my first home in Miami FL (yay!) and it’s 2 houses, 1 main and 1 rental / grandmother suite in the back.  Prior to purchasing I actually lived here for 3.5 years as a tenant and I currently know all too well about the deadbeat tenants in the back.  In addition to not paying their rent on time, they have also been operating an illegal prohibited business a yoga studio!

Anyways before closing I addressed all of these concerns with the seller and was presented with a signed and dated termination / notice to vacate from the problem tenant agreeing to be gone before or on March 31st, today.  Unfortunately the seller also agreed in his lease and with them to let them take any rental improvements that they made  they also got $1800 worth of rental discount for these during their tenancy, and that the property was appraised with these. This has included ALL of the landscaping and gardening they did in the back yard.  Clearly they are doing this out of spite as they had pleaded with me prior to their notice to stay (during the closing) and I informed them I had other plans for the property. At present it’s a mess, but I had documented it with before and after photos.

Anyways my fiancé and I went over yesterday to make sure the tenant was on track to turn in the keys today and they told me they were actually planning on leaving Monday because they couldn’t get movers! For the record they have been moving things out for the last 2 weeks. Maybe if they hadn’t spent so much time ripping up the landscaping. I informed them I had their signed and dated termination letter and that legally they needed to be out by 11:59 pm today or I will call the cops and pursue further legal action against them.  As of this morning there is magically a Uhaul truck in the driveway.  But just in case they do not leave any advice is much appreciated!! I currently hold their security deposit, only $500 and technically I have threatened to report their business to code enforcement before (I held off) but I could use that as a negotiating tactic for leaving on time, since the fines are up to $5000 in Miami and it’s possible this tenant Does not have full citizenship status.