Rental disput (eviction, house, tenant)

[Tobyoooooo]

Hi guys,

A question need your kind adv.

My neighbor the landlord rent a house to mr.b and the contract is one year, now only have 6 months .

Recently the tenant mr b send some insulting and threaten words via text msg to landlord due to
Small rental dispute or complaint ,

- if the landlord may terminate the contract by giving tenant 30 days per contract term, to move out ?

- per which Florida law may terminate immediately with fewer days notice ?

- landlord have the record of the tenant insulting and threaten words, if this insulting and threaten is criminal that need call police ?

- if may contact Orange County court right now for eviction as the tenant no any confirm on the termination notice ?


Thanks.

[idr591]

Answers to any of these questions would be pure speculation without seeing the lease.


If I were the landlord, I would send an immediate letter to terminate the lease with whatever notice was outlined in the lease (hopefully 30 days).

[Tobyoooooo]

Thank you so much.

The tenant reject termination saying because he was angry then to send message...

If it's rejected In Orange County if must wait 30days,as proposed in termination notice, to start eviction ?
Thanks

[Tobyoooooo]

Sorry it's said in contract that ...

If need to stop or terminate the contract, both parties need to inform each other at least
30days in advance..

Does this mean the landlord can terminate it without getting tenant agreement right ?

Thanks

[cfbs2691]

There's no chance they can work through this like adults?

As I'm sure you know, there are a lot of flighty/unreliable people in Florida.
If the tenant's been on time paying rent, everything was ok until now, and this is just one bump in the road.. maybe after a cooling off period they can come to an agreement?

It sounds like the tenant apologized?

[Tobyoooooo]

No apology,just say he send insulting message because he angry for this for that.

And threaten 2 ,now he said these r not threaten

1. Will not pay rental next month
2. Tell landlord as .... You remember you will get punishment

Thanks.

[MyITGuy]

IANAL...

A lease is a contract, so it can only be terminated for cause which it sounds like you don't have at the moment. If the tenant
follows through with their thread to not pay next months lease then the tenant has violated the terms of their lease and you can follow through with the termination and eventual eviction if needed.

Check out Florida Statute 83.56 for more information
Note: While Florida Statute requires 7 days notice, you stated the lease requires 30 which would take priority.

[idr591]

He would need to send a letter, wait 30 days. If the tenant hasn't left, post a 3 day eviction notice on day 31.

[MyITGuy]

Originally Posted by idr591

He would need to send a letter, wait 30 days. If the tenant hasn't left, post a 3 day eviction notice on day 31.

Then file a court action to evict only to have it thrown out since the landlord does not have cause at this time (Based on information or lack of being provided)

[idr591]

Originally Posted by MyITGuy

Then file a court action to evict only to have it thrown out since the landlord does not have cause at this time (Based on information or lack of being provided)

Actually, in the state of FL, you do not need cause if you wrote your lease correctly. 30 days .... any reason.