What to do if I had a tenant that moved in on the 18th of last month with promises of payment when she “unpacked” her checkbook but to dte no payment has been received?

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What to do if I had a tenant that moved in on the 18th of last month with promises of payment when she “unpacked” her checkbook but to dte no payment has been received?

There was no lease, just a paper signed stating that rent was due on the 1st of each month. Now, she’s refusing to pay, period and is just squatting. What do I have for rights? I placed a 3 day notice on her door, yesterday, requesting payment in full or be out by the 4th of the month. I really need the money for my house. Not only that, but I held the house for 3 weeks for her and turned others (with money) away.

Asked on January 2, 2013 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the tenant has not paid rent as per the lease, or agreement, between you and her (whether such a lease was written or oral/verbal), you can file an eviction action against her for  nonpayment. You may do so immediately at this point; unless she pays by or before the court date, you should be able to evict. You could also sue her, such as in small claims court, to recover any money she owes you. If you're not comfortable filing legal actions yourself, or if the house is owned by an LLC or corporation (and not you personally), get an attorney to help you.


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