Melbourne, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: I have an oral lease with a tenant I'm subletting to for month to month. He did not pay April rent, I want to terminate?

I am primary on the lease, with my father as well. Tenant did not pay April as per terms of verbal agreement. Agreement was oral, not paper, receipt from 3/1/17 move in indicates receipt of payment for the rental of a room for the month of March 2017. Verbal agreement included that rent was due on the first and failure to pay could result in termination. When confronted today about moving out or paying rent, a talk originally had on the 3rd, and a request sent on the 18th initially, discussion became confrontational and I do not feel safe with him as a tenant any more, for fear of damage to my personal property or other retributive actions. When consulting the police, was told to wait until the court clerk opens on monday. I want to terminate the lease on the room, how many days notice are required, given that rent was due on the first, as per agreement, and requested three more times.

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

A: I suggest that you need to seek the advise of an attorney in your area who handles landlord tenant cases. The situation you describe is complex and potentially dangerous as you state, thus I cannot give you advice in this situation, accept to seek legal counsel on the best steps to take to get him out of your property.

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

A: You can seek the help of an attorney or you can use the "self-help" material supplied by the clerk.

The notice for him to move out for non-payment of rent is 3 days to pay the rent or you then can file for eviction.

Alternatively, assuming that rent is due on the first, you can terminate the lease no later than the 15th of the month for termination be be effective the last day of the month. Then if he does not pay the rent for this and the then present month, you can sue for the rent (and if he does not vacate, for possession as well).

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