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My tenant did not pay rent for a month & removed property after an eviction notice. Do I still proceed with a court eviction?
Anonymous2 views3 answers
March 4, 2015 drug enforcement agents broke into my rental property looking for drugs and weapons that was supposedly kept there by my tenant. I have not heard from the tenant since that date, no rent payment at all. I started the eviction process but did not the ordinance number on the form I posted so I had to started all over again last week. The tenant has moved out and the place is completely cleared of all tenants property. She still has the keys though.
**Can I consider her no longer living there and clean our property in order to rent OR do I have to still proceed with the cost and time to evict someone who is not living there?? Thank you for your time
You need to follow the proper procedure to deem the property abandoned. Florida Statute 83.59(3)(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments.
Talk to an attorney if you are unclear.
If you wait the proper time as stated you can re-take possession. If you want to be safe you can complete the eviction and get a default and judgment, and then have the writ of possession posted. It is up to you.
Like the others said, you can consider the property abandoned, or you can finish the eviction. Getting a judgment would be nice if you are doing this pro se. However, I would not waste my money getting and serving a writ of possession, unless there is some of the tenant's property left on the premises.
