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
Stephen K. Hachey
Stephen K. Hachey
Answered
  • Landlord Tenant Lawyer
  • Tampa, FL
  • Licensed in Florida

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

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

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

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.