Do I have to go to court to evict someone if there is no lease?

I rented to someone a house and the lease expired, They are moving and owe a months rent but I have the deposit. They can not move for 1/2 of another months rent and cant pay that. There is no lease now so what can I do?

Asked on June 30, 2009 under Real Estate Law, Florida


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  the tenant you have is a month to month tenant once the lease expires.  If the tenant is in breach of the lease for failing to pay while the lease was in effect or whether the lease is month to month and the tenant failed to pay for the prior month, then you can sue them in court for back rent.  I would suggest that you serve the tenant with an eviction notice asap that lets them know they must leave.  Then file the collection action in small claims court if you ar within the jurisdictional amount.  I presume the tenant will move out voluntarily.  If the tenant is a problem then you will have ot file the evition action to force them to move out.  After you get done with the eviction action, which is for possession, you sue them in court to collect back rent.  go to the clerk's office in the court near the property to ask to fill out the required forms.

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