If a tenant does not leave when they are scheduled to leave, do you have to go through eviction process?

UPDATED: May 22, 2012

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If a tenant does not leave when they are scheduled to leave, do you have to go through eviction process?

I have a tenant that is currently on a month-to-month after his annual lease expired 3 months ago. He requested to use his security deposit as his last month’s payment, but was declined. When the time came, he refused to pay the last month and told me just use the security deposit, and claimed he will be out at the end of the month as scheduled. If he does not leave as scheduled, what can I do? Do I have to start at the beginning of the eviction process? And, what if I already have another signed lease for the first of next month?

Asked on May 22, 2012 under Real Estate Law, Florida


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

Answered 10 years ago | Contributor

Yes, I would to insure that you can get a proper judgement against him for the rent owed.  Also, I would do it quickly and make sure that the 30 day notice is properly served.  And as for the security, make sure that you properly follow the law after he moves because many states allow for a tenant to ask for damages over and above the amount of the deposit.  Good luck.

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