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Eviction by Krista (Florida) on March 1, 2018 @22:52

Just bought a double wide in 55+ park as we relocated from NY. Previous owner rented to a couple with no lease/contract who refuse to move until the date that they want to stay...4/8/2018. We want to move in ASAP as we have no place to live. What rights do we have to evict them? They knew this place was for sale when they rented it. Can we legally move in with them or at least threaten to do so?
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Re: Eviction by Garry (Iowa) on March 2, 2018 @00:24 [ Reply ]
NO, you cannot move in until they are totally out. They are TENANTS, and have a legal right to be there, given to them by the state of Florida, and the previous owner. Now that you own the place, you need to read up on all the landlord/tenant laws of Florida, and follow them completely, to get possession. That's because you are now LANDLORDS, like it or not. If you have no where to live right now, that's your fault. You may have to stay in a hotel for a few months, until the Ts get out. Since it is going to cost you to live SOMEWHERE for the next 1-2 months, you may try to talk to "YOUR" tenants, and offer them "cash for keys"-----meaning you pay them, say $2-3,000 to be out by March 15. But you don't give them 1 cent, until you can go in and see that ALL their possessions are out, and you hand them "cash for the keys" on day 15. (by the way, if they were paying rent, they now owe you for March rent----you may be able to evict them if they don;t pay it to you)
That was 1 choice. Another is to wait til 4/8/18 to see if they have moved out. You actually need to get that date in writing from them, to make it a legal notice they are giving you, that they are moving. If they are still there on 4/9/18, you will have to go thru the courts to evict them.
What you should have done was, if you knew before closing on the sale, that a tenant was in place, you should have NOT closed, and forced the SELLER to get them out, at his expense, before closing.
Once you finally get moved into you new home, I hope you "live long, and prosper" as Mr Spock from Star Trek would say. Good Luck
Re: Eviction by Anonymous on March 2, 2018 @06:13 [ Reply ]
I would give them 30 day notice, posted properly as per Fl law. Then if they don't move in that time frame, I would file in court to evict them. If they have no lease then they are at best month to month tenant. Who did they pay the last due rent to? When was it due?
I would not just take them at their word they will be moving out on the date they gave you. I would enforce the date. You should try and get inside to get pictures of the condition now. As there is a good chance they will trash this place before they leave. With pictures you might have a chance to sue for damages. But you may never collect.
You should have never bought this place without the seller empting the place first. Or at least with a lease with current T if you wanted it for income property.

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