Legal Question in Real Estate Law in Florida
Landlord wants to sell - no current lease, uncooperative tenants
The landlord has owned a duplex for several years (across the state) and has rented to the same two families the whole time. The leases are not current. The landlord wants to sell but the tenants are not cooperating when realtors call to make an appointment to show the property. What to do? Can the tenants be forced to allow entry? Or can they be given notice that they need to vacate in X number of months? There is alot of debris in the yard. The fear is they may cause additional damage if forced to leave.
1 Answer from Attorneys
Re: Landlord wants to sell - no current lease, uncooperative tenants
If the tenants are occupying the premises without a written lease, they are basically on a month-to-month tenancy, and you can serve them with notice to vacate the premises. If they refuse and/or destroy parts of the property, you may want to file an eviction action seeking not only possession, but money damages for repairs to the damaged parts of the property and the fees and costs the landlord will incur in pursuing claims against the teants. The landlord should seek the advice of counsel.
If the landlord wants to sell the property, and the tenants are bad news, then the landlord should definitely give serious consideration to suing the tenants with a view toward obtaining a final judgment for possession. That way potential buyers will know they would be getting clean title to the property, free of any landlord-tenant disputes or lease encumbering title to the property. Retain the services of a landlord-tenant lawyer and good luck.
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