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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.
If she is in violation of the lease (being behind on rent definitely counts), you are well within your rights to move forward with eviction. If you want to accommodate her situation more you can, but legally it isn't required.
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.
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.
In the lease the tenant can pay by cashier's check and money order or cash. She has a record of bouncing a personal check. Yes, we made the mistake to accept a check from the tenant and it was the first month and security payment. We did not receive the funds until the 12th day of the month. The second month we had to go back twice for the rent as she paid half at a time. We told her we cannot keep doing this. Now this is the third month and once again there is an issue with the rent. She always has excuses, her car is broken, in the hospital or her Uncle is sending her money.
It has been an hour and a half since I last spoke to her and she has yet to send me the confirmation code for Monday Gram. She has a smart phone and could have told it to me over the phone. She has not forwarded the email she claim she sent when she had to go out of town and I asked her to send it to me as proof.
We were willing to work with her but feel she is playing games. She was going to send it on Friday - did not. Saturday she still has car trouble but she said she would send it. No other email from her other than that.
Florida Statute 83.59(3)(c) sets forth how abandonment of the rental unit is determined: (c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or Under Florida law, there are two ways abandonment can be established: (1) the landlord has actual knowledge of abandonment, or (2) the landlord can meet all three parts of the following test to create a presumption of abandonment: (a) the rent is late, (b) the resident did not inform the landlord of an intended absence, and (c) the resident is absent form the premises for at least 15 straight days. (Since almost universally the time under a lease for the periodic rental payment is monthly, we shall speak of 15 days as the "period of time equal to one-half the time for periodic rental payments"Â. The same is true for month-to-month tenancies.)
In the lease the tenant can pay by cashier's check and money order or cash. She has a record of bouncing a personal check. Yes, we made the mistake to accept a check from the tenant and it was the first month and security payment. We did not receive the funds until the 12th day of the month. The second month we had to go back twice for the rent as she paid half at a time. We told her we cannot keep doing this. Now this is the third month and once again there is an issue with the rent. She always has excuses, her car is broken, in the hospital or her Uncle is sending her money.
It has been an hour and a half since I last spoke to her and she has yet to send me the confirmation code for Monday Gram. She has a smart phone and could have told it to me over the phone. She has not forwarded the email she claim she sent when she had to go out of town and I asked her to send it to me as proof.
We were willing to work with her but feel she is playing games. She was going to send it on Friday - did not. Saturday she still has car trouble but she said she would send it. No other email from her other than that.
She paying & You agreed to except in a money gram!
She paying & You agreed to except in a money gram!
She hasn't paid yet. She also failed to let the landlord know of her extended absence...in writing, which is required under Florida law. The lack of sleeping quarters, food, utilities and a neighbors statement is enough for the landlord to consider the property abandoned.
We were willing to work with her but feel she is playing games. She was going to send it on Friday - did not. Saturday she still has car trouble but she said she would send it. No other email from her other than that.
Contact her in writing. If some of your conversations with her weren't documented in writing, confirm them in writing now. Let her know that since she has failed to remit the rent due as promised several times, she is to pay immediately. If she doesn't contact you immediately, you will consider the place abandoned and will sue her for rent owed.
Save all communication with her. Seems pretty clear she's playing you.
She hasn't paid yet. She also failed to let the landlord know of her extended absence...in writing, which is required under Florida law. The lack of sleeping quarters, food, utilities and a neighbors statement is enough for the landlord to consider the property abandoned.
So in Florida says as a Tennant a person has Not Rights to Privacy? That's crazy!
So in Florida says as a Tennant a person has Not Rights to Privacy? That's crazy!
By the neighbors statement and the lack of electricity, the landlord was justified in entering the unit.
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