Cape Coral, FL asked in Real Estate Law for Florida

Q: I stopped by my rental property today with a letter. I did not call since I have not received an updated phone number.

I spoke to him around the beginning of February and told him we where not renewing the lease. And decided to write a letter showing written notice. The tenant was very rude when I knocked on the door. He asked what the letter was for I told him it was a written notice that we where not renewing the lease, needed updated phone number (I tried to call them about a month ago and text and later found out they got a new number by a family member and I even sent him an email and no answer)I still have not received from them the new number and proof of renters insurance. He told me by law I had to give him 24 hour notice before showing up. My issue is I do not have an updated number in order to contact you. So I went by the house and handed him the letter. And did not leave with the new number. What rights do I have? He was very rude and defensive. He said he was waiting for this to happen. And accused me of kicking them out of the house. I have no intentions of doing that.

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: I would simply give him 24 hours notice, even though I do not think that the law in Florida specifically states that. Sounds like you would need to write up a simple letter and take it to the house and then set a time, in the letter on when you will return to do the inspection. It is highly likely that the tenant will continue to resist your efforts to view the property but you just need to document your steps taken to get in to view it.

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: You have to look at this from the tenant's point of view. That view is essentially you control them and they don't like it. But that is the contract between you and the tenant - the Lease.

Once the lease is over IF you allow them to stay in the unit they become holdover tenants if not with your permission; and if with your permission it is without a new lease, a month to month tenancy.

You need to decide if you want to evict or allow them to stay as month to month, or if you want to actually have them renew for an additional year. Whatever your decision, I suggest you be decisive and make that decision soon.

If you have a question on how to do it - seek the advice of an attorney.

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