What to do if a tenant refuses tovacate after receiving a 3-day notice?

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What to do if a tenant refuses tovacate after receiving a 3-day notice?

My tenant owes me $1500 in past rent and late fees. In an attempt to get her to pay I turned her A/C off for 24 hours. That didn’t work so I turned it back on. I sent her a 3-day notice to pay or quit but she insists that the eviction process is going to take at least 2 weeks and by then she’ll have enough money to move out anyway. In my small claims court can I add these 2 weeks in to the amount of rent she owes me since I won’t be able to move anyone else in? She’s already told me she’s not doing anything in those 3 days. Also, by her not having air conditioning for a day, do I owe?

Asked on July 26, 2011 Florida

Answers:

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

Answered 10 years ago | Contributor

Ok so never, ever turn a tenant's air conditioning off again.  Courts do not like landlords that "self help."  She can ask for an abatement, yes, for time that it was not on.  Now.  If she refuses to vacated or pay after the 3 days are up then you need to file an eviction proceeding.  I would make sure that the notice was properly served before you start the eviction because if it was not you may be screwed.  Now, is she on a written lease or an oral month to month tenancy?  Either way she owes for the entire month that she will be leaving in once the first has passed, but if she has a written lease she could be liable for so much more. How the paperwork is prepard and served is crucial so I would really speak with a landlord tenant attorney.  Once you obtain a judgement it is good for many years.  Good luck.


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