West Palm Beach, FL asked in Landlord - Tenant and Real Estate Law for Florida

Q: I have a Tenant who said she is not paying me rent because she lost her job during Covid19 pandemic.

I have a house that I rent out a studio. The lease was up 2 months ago and the tenant was paying month to month without me renewing the lease. Last month I caught her smoking marihuana ( she showed me her medical marihuana license) but my lease agreement states no smoking allowed so I asked her to leave by month end. She said there is a global pandemic and is refusing to leave and said she lost her job during the pandemic crises and is not paying me rent. What should I do?

3 Lawyer Answers

A: Legally, you can start the eviction process for non-payment of rent. However, most counties will not complete the process by executing a writ of possession (aka removing her from the property) due to the pandemic.

Bruce Alexander Minnick agrees with this answer

A: Give her a written notice to move out on or before the expiration of 15 days. If she has not done so by then, sue to evict her. As Mr. Hachey has indicated, there currently may be a delay of such suits, but that is what you would do.

Bruce Alexander Minnick agrees with this answer

A: Start the 15 day eviction process immediately, so you can enforce it as soon as possible-even if they make you wait.

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