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Not abandonment as long as she paying the rent. In none of her emails did she say she not coming back. Sounds to me she was but having car trouble. I didn't see where You told her you were not willing to go get the rent at Money Gram. You let her believe your more than will to help her on this.
Car trouble doesn't include moving all your belongings out of a property.
Tenant hasn't paid the rent yet…I believe that is the issue.
Obviously not "moldering" as tenant has the ability to text.
As suggested, I sent an email to the tenant that rent was due immediately. Also I requested that she forward the emails that state she had to go out of town and also the email that has the Money Gram code. So far no emails. Looks like on Tuesday I will be posting the 3 day notice.
As a courtesy I sent an email to our tenant last Thursday morning giving a friendly rent reminder. I usually receive a quick response from the tenant but this time I did not. Thursday evening we drove by the house and the grass was unkempt and there were no lights on. Friday morning my partner went over to collect the rent and when he knocked on the door there was no answer. Tried to ring the door bell it did not ring (uh oh). A neighbor mentioned that the furniture rental company had picked up the furniture and the tenant loaded up the car and left. He went into the house to find only a couch and an area rug and a few boxes of food in cabinet and a few plastic cups. The power was off and the food that was left in the refrigerator turned into a science experiment. Upon further inspection of the house there was no furniture in the bedrooms or the rest of the house. No clothes in the closets or toiletries in the bathrooms. The garage door remote was left on a shelf in the garage. According to the neighbor the tenant has been gone for more than three weeks.
Later on Friday the tenant sent an email that she was out of town and would send the rent and sent us an email when she went out of town. We never received the email. The tenant said she would send a Money Gram when she was able to. Friday night the tenant said they had car trouble and would send the Money Gram code as soon as they were able. I sent an email stating I was waiting. Saturday morning the tenant sent an email that the car was being repaired and would send an email as soon as she sent the money. I did not respond to that email. Today (Sunday) she called but did not leave a message. I called her and did not leave a message. (I am tired of her games as we had trouble the past 2 months). She called back and asked why I did not respond to her email. I told her that she sent an email that she had car trouble and no need to respond to her. She said she sent the email with the Money Gram code. I told her to prove it by forwarding the email to me. I told her that pickup up the rent via Money Gram was not on the lease. I told her that I was moving forward with the 3 day notice and eviction process.
Since we are in Florida there is an abandonment section in the laws. Florida Statute 83.59(3)(c). Since I never received the email from her stating she was out of town, I feel she is in violation of the lease. Should I make her prove she sent that email by forwarding that email to me? Are we obligated to collect the rent via Money Gram? Should we move forward with the eviction process or claim the property was abandoned? The three day notice goes on the door in the morning.
Thank you for your assistance.
First of all forget the emails altogether. Proceed with a legal eviction process immediately, then do what ever your LL/Tenant code says about possessions etc.
I feel emails are fine for casual conversation and I suppose they could hold up in court however, until that day comes when you can prove without a shadow of a doubt that a specific someone received and read one, stick to certified mail or service of process.
She also has an obligation to pay her rent, communicate effectively and stop lying to her landlord. Or, did you miss that part of the scenario?
I never said she didn't. The OP Never said when the rent was due. She just said a Friendly reminder was sent Friday! This IS/Was Easter Sunday! Most leases have a Grace Period. & When it was said the Tenant was using a Money Gram to pay the OP Never said she wouldn't except it. ALL you peoples keep saying is the Tenant has to tell the LL when they wont be home for more than 5 days! That's Not the LL business as long as the rent IS paid! IF it goes Past the grace Date THEN she can start the Proper Eviction Process. NOW she going to wait til Tuesday! IF she in that big of a rush the why not go start the process on Monday! Cause the Tenant is Not yet considered Behind in Rent!
I never said she didn't. The OP Never said when the rent was due. She just said a Friendly reminder was sent Friday! This IS/Was Easter Sunday! Most leases have a Grace Period. & When it was said the Tenant was using a Money Gram to pay the OP Never said she wouldn't except it. ALL you peoples keep saying is the Tenant has to tell the LL when they wont be home for more than 5 days! That's Not the LL business as long as the rent IS paid! IF it goes Past the grace Date THEN she can start the Proper Eviction Process. NOW she going to wait til Tuesday! IF she in that big of a rush the why not go start the process on Monday! Cause the Tenant is Not yet considered Behind in Rent!
Our leases state that if a tenant is going to be gone more than 10 days that they should inform us. she has obviously skipped out on her landlord. Why would he send a reminder if the rent wasn't due, anyhow? AT any rate I don't send "friendly reminders". We call them once and if the rent is not paid that day, we serve them a 5 Day Pay or Quit. Business is business and people need to pay their bills on time or make arrangements in advance if necessary. Yes, "most" leases have a grace period but that is at the discretion of the landlord (unless there is some state law that requires one). Our is 2 days. Why? Because when it was 5 days, as is the norm, it was day 6 and day 7 and day 8 before some tenants came in to pay. I always have the thought, do you pay all your bills 3 or 4 days late?
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ALL you peoples keep saying is the Tenant has to tell the LL when they wont be home for more than 5 days! That's Not the LL business as long as the rent IS paid! IF it goes Past the grace Date THEN she can start the Proper Eviction Process. NOW she going to wait til Tuesday! IF she in that big of a rush the why not go start the process on Monday! Cause the Tenant is Not yet considered Behind in Rent!
