UPDATED: Oct 1, 2022
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I have 2 adults who rent my property monthly. We have no lease, it is a month-to-month rental agreement, they have not paid rent for the month of April, they are saying that theyre not going to pay because I have a Ford F1 50 pick up truck parked on my property and they are saying they’re charging me for storage what legal action can I take to get them out of my home?
Asked on April 10, 2019 under Real Estate Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You have a lease: an oral (unwritten) one. If they are not paying rent, serve them a three-day notice to either pay or leave; if they don't pay, then you can file an eviction complaint (lawsuit) in county court. You should be able to get instructions and possibly sample forms from the court, either in person or online.
A good idea if you want them gone more than you want the money is to, as a back-up (in case they pay the rent), send them a notice terminating their month-to-month (MTM) tenancy. An MTM tenancy may be terminated on a full month's notice (since tenancies start on the first of a month, you can't terminate it mid-month). Today is April 11th; you could sent them a notice terminating their tenancy for June 1 (their last day would be May 31)--they get a full month (May) of notice, plus the remainder of April. If the don't leave or aren't evicted (such as for nonpayment) earlier, you could then bring an eviction case because their tenancy is over on or after June 1.
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