oral rental agreement
I have an oral rental lease for my house in Florida. The tenant pays the rent late and she has a dog in my house which I told her to get rid of back in June of this year. she still has not gotten rid of the dog. The home is in Florida. How can I get her out of my house, she has turned off her cell phone and will not return my calls.
Re: oral rental agreement
Legal eviction
David Slater
David P. Slater, Esq.
5154 Windsor Parke Dr.
Boca Raton, FL 33496
Re: oral rental agreement
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You may terminate the lease for a material noncompliance with the lease by giving the tenant a Seven Day Notice to Vacate the residence and then file for eviction. Florida Statutes 83.56 (2) states in part:
(2) If the tenant materially fails to comply with s. 83.52 or material
provisions of the rental agreement, other than a failure to pay rent, or
reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be
given an opportunity to cure it or if the noncompliance constitutes a
subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or
continued unreasonable disturbance. In such event, the landlord may
terminate the rental agreement, and the tenant shall have 7 days from the
date that the notice is delivered to vacate the premises. The notice shall
be adequate if it is in substantially the following form:
You are advised that your lease is terminated effective immediately. You
shall have 7 days from the delivery of this letter to vacate the premises.
This action is taken because (cite the noncompliance).
If you are not living in Florida, you may be best served by hiring an attorney to represent you in order to expedite the matter.
Scott R. Jay, Esq.
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133