How to remove a tenant from a business property home?

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How to remove a tenant from a business property home?

We have a tenant who moved in without our permission with an employee who at the time was employed with our company. The employee was fired and has since left the premises. We were collecting weekly rent from this employee via lease before he was hired. We gave the tenant 3 weeks with payment of rent to move out of the property. Now he is refusing to leave and has not paid any rent for this week. We want this tenant out so our new mechanic can move in. What do we need to do?

Asked on August 1, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If I am clear about this you gave the squatting party the right to pay rent for three weeks correct?  Then you need to give the person notice to leave as if he is a holdover tenant  - and by that I mean that which would be required under the statutes for eviction in your area.  You need to give him or her one week's notice on a one week tenancy AND NOT COLLECT THE RENT.  Notices are required to be served under the law ion specific ways.  If they are not properly served then any action brought based upon them could fall under the Court case so this is not something to take lightly.  Once he is served with the notice and does not leave then you have to start an action for eviction or ejection and to obtain the right to reenter th premises.  Please get help from an attorney on all of this who handles cases on a regular basis?  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If I am clear about this you gave the squatting party the right to pay rent for three weeks correct?  Then you need to give the person notice to leave as if he is a holdover tenant  - and by that I mean that which would be required under the statutes for eviction in your area.  You need to give him or her one week's notice on a one week tenancy AND NOT COLLECT THE RENT.  Notices are required to be served under the law ion specific ways.  If they are not properly served then any action brought based upon them could fall under the Court case so this is not something to take lightly.  Once he is served with the notice and does not leave then you have to start an action for eviction or ejection and to obtain the right to reenter th premises.  Please get help from an attorney on all of this who handles cases on a regular basis?  Good luck.


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