What do I do if a tenant is given a 60 day notice of non-renewal of leasebut is not out at the end of the 60 days?

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What do I do if a tenant is given a 60 day notice of non-renewal of leasebut is not out at the end of the 60 days?

Notice was in writing and signed by the tenant.

Asked on August 22, 2011 Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For a holdover tenant (which is your situation here), assuming that the notice was legally sufficient (and if your tenant signed it, it probably was), your next step is to file for an "unlawful detainer" to regian possession of the premises (this is otherwise known as an eviction lawsuit). At that point, once a judge issues an order for your tenant to vacate, they must remove themselves from the rental property. If they don't, you may contact the sherifff and have them remove the tenant (physically if necessary). The whole process takes about 4-6 or more, depending on your specific jurisdiction.

In the meantime do nothing so as to incur any liability regarding an unlawful eviction. This means that you should not attempt change the locks, shut off utilities, remove your tenant's person belongings or in any other way force them to leave. That's the court's/sheriff's job.


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