Legal Question in Real Estate Law in Florida

No lease, can tenants be evicted quickly

We own a house in Florida which we entered into a lease/purchase agreement with a home buying company last year. They in turn lease/puchased it out to someone. After 11 months the company stopped paying. We contacted the people living in the house & they didn't even know a second party was involved, they thought he owned it. They had put a down payment & extra monthly amt to purchase. We agreed to take that amt off the price of the house if they were to buy it. We sent a lease to them but they never signed it. They haven't been able to get financing, & now they say they are not going to pay anymore & will be out in two months. They had agreed verbally to pay 600.00 per mo until closing. Can we evict.


Asked on 10/11/99, 9:36 pm

2 Answers from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

How quick can you evict?

You must deliver a three day notice to pay rent or surrender the premises. If they don't pay, then you immediately file an eviction action AND a second count for damages and have the papers served on them. On the eviction count they will have five [5] days to pay the rent into the court registry and file an answer or you will be able to get a default judgment and a Writ of Possession. Hopefully you can get them out in two weeks if you move fast and keep the pressure on them.

Read more
Answered on 10/13/99, 6:04 pm
Randall Reder Randall O. Reder, P.A.

Re: No lease, can tenants be evicted quickly

The strategy proposed by Mr. Fernandez may work.

However, it may not. Depending on the wording of

the agreement the people have, you may have to file

an ejectment action. This would be more costly and

time consuming. Therefore, if you are sure the people

are going to move out, it may be more economical to

work and cooperate with them.

Read more
Answered on 10/13/99, 6:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida