What Would You Recommend To Do With This Tenant?

By
Real Estate Agent with KW of the Palm Beaches BK3102116

?

Situation:  Condo unit where landlord has a tenant that has overstayed their lease and told him that they will be using their security deposit as last month's rent.  This is a prospective listing for me, in fact already have a signed lease with the new tenant that is ready to move in on the 1st of next month, so I am at a loss and hoping that the tenant leaves quickly and quietly over the weekend.

I have educated the landlord that their rights within Florida as I understand them (not an atty here as I reminded the landlord) are they can give written 3 day notice for non payment of their last month's rent, allow for a 5 day response and then a judge could order a 24 hour eviction.

Unfortunately the tenant thinks they have the landlord over a barrel by using their security deposit as their last month's rent.

Unfortunately the landlord let this get to this point after the lease ran out.

Your thoughts?  These would be greatly appreciated.. yes the good, the bad and the ugly, we would like them all!

Thank you!

Mark

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Doug Rogers
Bayou Properties - Alexandria, LA
Your Alexandria Louisiana Agent

We just evicted a dead beat renter from my client's mobile home. Took almost a month to do it the right way. Of course in this time they let NINE pitbulls sleep inside the home. The place is trashed and will need some pretty heavy repairs.

And good luck collecting anything in court.

Sep 27, 2012 11:15 AM #1
Rainmaker
1,040,815
Mark Loewenberg
KW of the Palm Beaches - Palm Beach Gardens, FL
KW 561-214-0370

we are hoping it will not be trashed too!

Sep 27, 2012 11:26 AM #2
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Florida Tolbert Team Keller Williams Advantage
Keller Williams Advantage III Realty in Lake Nona - Orlando, FL
Keller Williams Land Division Specialist

I concur with Doug.  The landlord tenant law favors the tenant way too often.  HOWEVER, I would have the process filed and ready to serve with a Sheriff on the 30th. 

Sep 27, 2012 11:28 AM #3
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Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

I'm sorry to say that it sounds like it may be your next evictoin. Ugh!

Sep 27, 2012 11:28 AM #4
Rainmaker
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Mark Loewenberg
KW of the Palm Beaches - Palm Beach Gardens, FL
KW 561-214-0370

well at least the landlord knows now that the last day of the lease is the last day of the lease.

Sep 27, 2012 11:33 AM #5
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Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News
Always best to speak with an attorney to determine what is the best way to protect your rights as a landlord and certainly protect your property. Have a landlord going to court in a few weeks after a tenant left their home with thousands of dollars of repairs above the security deposit. But it's the tenant suing the landlord for the return of their security deposit.
Sep 27, 2012 01:26 PM #6
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

I generally find that the threat of having an eviction on their record and the difficulty of ever finding another home gets their attention.

Sep 27, 2012 03:44 PM #7
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Mark Loewenberg

KW 561-214-0370
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