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Non payment of rent..possible abandoned property...

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What is the name of your state (only U.S. law)FL

I have a house in stuart florida which I rent and I have a month to month lease with the tenant. The tenant has been late several times with rent but will eventually pay me usually about a week late. At the beginning of this month she text me that she would be moving out could I allow her to just pay 1 week, I know that she has had difficulty paying the rent so I told her it was ok and gave her a daily rate and to let me know when she would be leaving. She told me she would be out by that weekend then changed it to the next one as she was not ready. 15 days have gone by and she is now refusing to answer my calls/text and has not told me when she is moving out, I stopped by the property and it looks awful theres a car outside with no plates on it, the screen doors on the porch are ripped and when I look inside through the window theres no sign of her furniture but theres garbage and debris everywhere. I am concerned that anyone can get in and i'm not sure if shes coming back. What can I do? Do I have to wait until Monday to file a notice to vacate or can I access the property and secure it?
 


FarmerJ

Senior Member
At this point if you do not secure this property Id say your making a mistake! go back , check to see if the tenant had the electric turned off or not(did the tenant leave electric on but turn off elect hot water ? (same w gas if the house has it) then begin taking pictures and a lot of them to show the unit to be empty then to take pics of trash/garbage junky debris etc left there. Then plan to get those pics printed and dated, clean it up and change the locks. I say to change the locks because its fair odds that she is not coming back to take the trash out or pick up, I think your tenant just took you for a bit of a ride. If you have a post office near you that is open on a sunday then you might consider sending to the tenant at the tenants last known address a letter using certificate of mailing that says the obvious` it appears you have abandoned 1234 dracula drive , there is no furniture ( note in the letter what has been left behind and if the house was not locked say so) So you know you really need to have as much as you can to show the appearance of abandonment so this way later on if this tenant claimed you illegally locked them out you have your copy of the letter sent, you have all your pictures, Im not saying my advice is absolute but heres the deal there is the tiniest chance that the tenant may actually come back but honestly I suspect the odds are better they are not. BTW your local pd might run the VIN on that vehicle with no plates to tell you who owns it and if its not the tenant then you can send the recorded owner a demand notice to get that vehicle off your property or it will be treated as abandoned ( your city may have ords that address un plated vehicles that are not garaged) and do not forget to search for your states abandoned property laws so you can make sure the notice you mail out for the vehicle is good.
 

latigo

Senior Member
What is the name of your state (only U.S. law)FL

I have a house in stuart florida which I rent and I have a month to month lease with the tenant. The tenant has been late several times with rent but will eventually pay me usually about a week late. At the beginning of this month she text me that she would be moving out could I allow her to just pay 1 week, I know that she has had difficulty paying the rent so I told her it was ok and gave her a daily rate and to let me know when she would be leaving. She told me she would be out by that weekend then changed it to the next one as she was not ready. 15 days have gone by and she is now refusing to answer my calls/text and has not told me when she is moving out, I stopped by the property and it looks awful theres a car outside with no plates on it, the screen doors on the porch are ripped and when I look inside through the window theres no sign of her furniture but theres garbage and debris everywhere. I am concerned that anyone can get in and i'm not sure if shes coming back. What can I do? Do I have to wait until Monday to file a notice to vacate or can I access the property and secure it?

You don't have to do anything but immediately take charge and secure your property. And call the police if you find trespassers.

I'm surprised you need to ask.
 

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