Miami, FL asked in Landlord - Tenant for Florida

Q: my dad passed away. Tenant signed 60day notice to leave now she said she’s not leaving. Other than court what can I do?

My father passed away he didn’t leave a will so I have to start probate. However there’s a tenant in the home I made her sign 60 day lease and she will not leave now. I can’t start eviction process because I’m not legally the owner yet I’m just the estate. However probate can take up to 6 months to a year . It’s my father house and he left it to me and I’m paying the mortgage she’s paying nothing and I’m also homeless because she won’t leave . Is there anything else I can do at this point ? Help

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1 Lawyer Answer
Steve Louis-Charles
Steve Louis-Charles pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Fort Lauderdale, FL
  • Licensed in Florida

A: You may initiate an eviction against the tenant naming the estate of your father as the plaintiff and you as the administrator of the estate. Because the tenant refuses to leave by the end of the leasehold you may demand double rent and seek damages thereon up and until she leaves the property either on her own volition or by writ of possession issued from the clerk of court. Hope this helps.

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