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?

UPDATED: Aug 22, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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