Legal Question in Real Estate Law in Florida
eviction
I have a tenant that had a month to month lease that expired 3/1/07. They have not paid rent for March and have refused to pay. They currently do not have a curent lease for the property. I want to file eviction but have a question as to if the filing should be based on non payment or expired lease. Please advise
2 Answers from Attorneys
Re: eviction
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I would not limit myself to one or the other but rather file separate counts for the following:
1. Non payment of rent;
2. Expiration of Lease; and
3. Holdover tenancy (which provides double the normal monthly rent).
Make sure you have served a proper Three Day Notice on the tenant prior to filing or the case may be dismissed on a technicality.
I would strongly suggest that you retain an attorney to represent you in this matter. The court has the authority to award attorney's fees under Florida Statutes.
Scott R. Jay, Esq.
Re: eviction
Proceed based upon hold-over status. If you do it right, you may get double rent.
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