How Do I Evict a Person Who Stayed Without Paying Rent?

Full question:

I allowed a prospective renter to move into an apt upstairs in my residence. he stated he was waiting for a check that his employer had sent to a motel he was living in and that he wanted to move right away as he had adopted a dog abandoned in that motel. i allowed him to move in with his promise of rent and security within days. He next stated he had been fired as he was verbally abusive on the phone to parole who had made error in mailing. (two checks--one his pay of $900.00 and the another $1100.00 which employer was under contractual obligation to pay when he worked out of VA beach--he stated he was employed laying tile in Tampa airport. After many story changes , he has paid me nothing. i was also stupid enough to loan him $100.00 to get by until his 'check arrived ' as well as giving him over $150.00 in food. nothing has been signed. he has been there since June 13th. can i get rid of him by padlock or changing lock or am i now obligated to go through eviction. his non working vehicle is my driveway. there was no mention of his girlfriend living with him, she has been there EVERY night and he states she brought 4 kittens in also. i put every cent i had saved into remodeling this apt (i'm zoned duplex) as i am retired and scared of losing my home down the road.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Florida

Answer:

By allowing the tenant to remain without payment of rent, a tenancy at-will is typically created. The tenant may raise acceptance of late payment as a defense of waiver of late penalties. The statute below says as follows:

" If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance"

A written notice to end the tenancy must be served on the tenant to legally evict. Self-help measures such as lockout are not allowed. The following is a Florida statute governing termination of a lease:

83.56 Termination of rental agreement.--

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

 

(a) If the landlord's failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.

 

(b) If the landlord's failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

 

(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

 

(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord's intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be adequate if it is in substantially the following form:

[Please see links to forms below.]

 

(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.

 

(5) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes shall comply with the provisions in s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but shall enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2). This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days of the noncompliance.

(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).

Links: See also the statutes at the following link:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/part02.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%2083%2D%3EPart%20II