Legal Question in Landlord & Tenant Law in Florida

Month-to-Month Rental Agreement

I have a problem tenant who never pays the rent and is stripping my property. He has a collection of things he has been taking off the walls, etc. in the garage. What is the fastest way to remove from my property? Should I give him a fifteen day notice to end the lease or should I evict him for non-payment? What is required to file for eviction if he stays after the fifteen days?


Asked on 11/18/08, 5:10 pm

2 Answers from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Month-to-Month Rental Agreement

If he is not paying you do not have to adhere to the 15 day notice required for month to month leases. However, if you only file for eviction based on non-payment and he cures the defect you may have to then give him 15 day notice anyway.

I would suggest filing for eviction and give him a 15 day notice as well. The eviction proceeding will serve as your attempt to recover any unpaid rent.

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Answered on 11/19/08, 6:06 pm
Brent Rose The Orsini & Rose Law Firm

Re: Month-to-Month Rental Agreement

Eviction only requires three-day notice to pay rent, and you are entitled to an accelerated hearing in court. It's almost always the surest and fastest way to remove a tenant.

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Answered on 11/18/08, 5:31 pm


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