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Our tenants are in their fifth month of non-payment of rent. They strung us along with small payments so it's not as if we waited for 4 months to evict, but we were still too slow at it. We gave them our notice and they told us to go through the courts. So the court has personally served them for eviction and damages (rent owed). They still aren't moving so we are doing the Writ of Possession process now.
We are so far behind on getting income from the property (residential home), that we posted the house on Craigslist, informed the tenants verbally and later in writing. When I gave reasonable notice to the tenants to show the house to someone, they said they would call the sheriff on us. In the meantime, we just lost a 2 month lease because they aren't obeying the current order to vacate and told us to get a Writ of Possession. Although we have the right to inspect the house, show it, etc per our lease and Florida Statutes, we now do not feel safe and are very concerned about them damaging the house.
We had to cancel the appointment with the perspective tenants and it is our right to be able to enter the premises without threats. However, we don't want to escalate things either. Any insight to this dilemma until they are out would be of great help. Carol
Sounds to me like they know the laws of tenant better than you. I would get a lawyer. Or, talk to the sheriff and tell them what you are trying to do. I know Texas law, nothing about Florida. Sounds like I am much better off in Texas with rentals.
The lawyer and or the sheriff can tell you what steps to take and what you can or cannot do legally. If your real nice the sheriff may even try to help by taking you to the house and get you inside. Be nice and smile sweet and the sheriff will probably be glad to help.
They hate the freeloaders as much as you hate them.
Offer to pay them 500 bucks to move out in 3 days. It's cheaper than paying a lawyer - and I say that as a lawyer.
If they are trashing the place you may be able to get an emergency possession order, but in my state you can't do that just for non-payment of rent. They have to be committing "waste," meaning they are lowering the value of the property.
If your lease provides for notice, you have every right to give them that notice and then be there. Let them call the sheriff and the deputy will take your side 9 times out of 10. I know you don't want to escalate anything but you are letting them get away with keeping you out of your own property, and that's just wrong.
Thank you for the info. Tomorrow is Monday and I will be researching more about inspecting while a deputy is with me. We kept things cordial until I told him I needed to show the house. I had already told him we were advertising the house so there would be no surprises. My guess is that there is a "bad" reason why he is so adamant (spelling?) that we don't come over. Anyway, I just found this forum and another similar one and it is so wonderful to get to post about this problem. Just wait til we are trying to locate where they move to so we can garnish wages. Don't laugh too hard at that please! We are allowed to fantasize. Carol
Someone needs to be the bad guy here and tell them they need to leave immediately or the Sheriff will soon be comming on your behalf to remove them by force if necessary. Their choice how hard they want to make this on themselves. It's a lot better for them if they just leave as well.
If you are very close to an actual execution of a writ of possession... I agree, wait till there out...
On the other hand... you do have the right to show the place with proper notice... I've never seen the benefit to showing a place to a prospective tenant if the current tenant is being hostile and/or uncooperative.
I've also had a heart to heart with problem renters and gave them the option... I offered them case for keys explaining I'm willing to pay them or my lawyer and the choice is theirs... It really frosted me the first time I did it and it's only been twice in 25 years... but, you have remember you are running a business and don't have the luxury of letting your emotions rule you.
Our last bad tenants stole our air conditioner, a wheelbarrow, a large cooler and even took copper plumbing on their way out. Get them out via the sheriff's office and learn a lesson from it.
Sounds like you have professional squatters. The moral of the story here is, don't let tenants "string you along with small payments". If they don't have the full rent by the time it's due, then you immediately start paperwork to get them out, period. Unless of course you want to be a charity.
Thank you for the info. Tomorrow is Monday and I will be researching more about inspecting while a deputy is with me. We kept things cordial until I told him I needed to show the house. I had already told him we were advertising the house so there would be no surprises. My guess is that there is a "bad" reason why he is so adamant (spelling?) that we don't come over. Anyway, I just found this forum and another similar one and it is so wonderful to get to post about this problem. Just wait til we are trying to locate where they move to so we can garnish wages. Don't laugh too hard at that please! We are allowed to fantasize. Carol
It almost sounds as my situation...but after going into my property on 12/28 they vanished on 12/31 and I had no clue where they went....they even left their car at the clubhouse for over 10 days...luckily the tenant once told me he changed jobs and told me he worked at a large department store (unloading trucks) and this department store had not announced the 7000 lay offs...so I was lucky that the processor served him at work, other wise it would have been a needle in a haystack to find him...next week I will be in small claims court and have to see if he shows up with his wife and/or with a lawyer or will be a non show...than (I'm 100% convinced I will win a judgment) I can have his credit report notified and have a collecting agency earn some money to o after him...even if I don't get my money I will have the satisfaction of his future being harder than before and in this case I only see it as Karma!
I am a tenant and pay my rent on time or early. My landlord resurfaced the driveway and blocked be out. I found out when I went home for lunch. Called him and said that I would appriciate notice the next time repairs are done. However, my lease says he has free access. Is this allowed?
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