should and could I evict my tenants if I am using the dep for the last months rent but they cant move for another 1/2 month?

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should and could I evict my tenants if I am using the dep for the last months rent but they cant move for another 1/2 month?

My tenants are using the deposit for last months rent but now say they need another 1/2 month to be out. How long is the eviction process in Florida? Should I take that step?

Asked on June 30, 2009 under Real Estate Law, Florida

Answers:

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

Answered 11 years ago | Contributor

First, you should never let a tenant use their security deposit as the last months rent.  It is security for the apartment and it's condition.  If they leave it in good condition you can always return it.  

The eviction process is a long one.  They would most likely be gone before you even get to Court but it can protect your interests.  Why don't you first start by talking to them and letting them know that as soon as their lease ends they become a month to month tenancy and they are responsible for the same rent they paid before on the first of the month.  You will gladly pro-rate it once they leave and the you have had a chance to inspect the apartment.  If this doesn't work and you want to be compensated for the extra time then you will need to take them to Court.  See an attorney who specializes in Landlord Tenant work in Florida. 


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