Landlord to terminate lease before tenant moves in

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Landlord to terminate lease before tenant moves in

I had a signed lease with my tenant to move in next week. He was to provide me with last months rent and a security deposit on the 04/24. He only provided 1/2 of the payment, and then tried to send an additional $500 that did not go through. I let him know it did not go through and that he was now in breach of contract and at risk for me terminating the signed lease it was 04/25 at this point. He then proceeded on the 26th to say he wired $1450 to me and it will be there the 27th. He lied about trying to call me and he had not been in communication with me when I call or email or text him. I don’t feel comfortable with him moving into my home at this point. Can I terminate the lease based on him not paying on our agreed to date?

Asked on April 27, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he hasn't moved in yet, you can terminate his lease based on his material (or important) breach AND refuse to let him in. His breach in not  paying the sums due justifies this. If he has moved in, you have to go through the eviction procedure for nonpayment, instructions for which you should be able to get from your county count (either online, on the court website, or in person)--unfortunately, once a tenant is in place, they can only be removed  by the eviction process.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he hasn't moved in yet, you can terminate his lease based on his material (or important) breach AND refuse to let him in. His breach in not  paying the sums due justifies this. If he has moved in, you have to go through the eviction procedure for nonpayment, instructions for which you should be able to get from your county count (either online, on the court website, or in person)--unfortunately, once a tenant is in place, they can only be removed  by the eviction process.


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