5 Replies Latest reply: May 2, 2012 8:41 AM by sophie RSS

    How can I get rid of this renter?

    New Member

      We have a single male renter (from France) in our Ft. Lauderdale condo right now who is causing much grief to our neighbors and we want him out ASAP.  He checked in on April 16th and the police have been called out due to excessive partying, noise and damage in the pool area (with 10-20 guests at a time) and for a noise complaint after the city curfew.  Our condo is in a very quiet, small 10-unit building and the other residents are mostly semi-retired Canadians who travel back and forth. 

       

      Our renter is scheduled to stay for 5 months (we gave him a great deal because it was for the off-season).  He paid the full amount in advance, a nice chunk of change, but not without ultimatums and threats.  He wanted to move in before his wire transfer hit our account and he did some major begging pleading and arguing, but we refused to let him in before the money was in our account.  This caused a 2 day delay in his check-in and he wasn't real happy with us for being "strict Americans".

       

      He has clearly violated several rules in his rental agreement with regards to the number of guests and non-compliance of HOA rules.   We contacted him by email the night the police showed up and told him we wanted him out.  We notified him that we would be there at 4pm the next day with a pro-rated refund in a cashier's check and we wanted him to vacate then.  When we showed up, he refused to leave, saying he was expecting mail at our address and had to stay until it was delivered, within a week, which sounds a bit shady to me.  We told him that he needs to be out by this Friday, but we're afraid he will refuse to leave.  We've told him this will be the last chance he has to get some portion of his rental fee returned, otherwise we would keep it and start the eviction process and apply his payment to the legal fees.

       

      Unfortunately due to the length of the rental agreement, we're probably subject to Florida tenant-landlord laws in terms of evictions and will have to go through the normal, time-consuming process.  Does anyone have any other ideas on how we can get this guy out of our condo? 

       

      Thanks

      Sheila

        • Re: How can I get rid of this renter?
          carol Premier Contributor

          Perhaps someone familiar with Florida law can respond.   If not, I think you should contact a local lawyer and find out what you are allowed to do.

           

          Usually eviction requires some advance notice - you can't just put him out on the street. 

           

          Was he not at all interested in adjusting his behavior? 

            • Re: How can I get rid of this renter?
              New Member

              Yes, I am afraid we'll have to contact a lawyer if he doesn't vacate by our deadline of Friday.  We've given him one week's notice to find another place and told him this is his last chance to get out and get his money back.

               

              As far as adjusting his behavior, he was told the first night he had a party with 10 people (his second night in the unit) that he was in violation of his rental agreement and could not have that many people there.  He claimed to have misunderstood the contract and his defense was "I just thought they couldn't sleep over".  We allow a maximum of 4 guests at any time.

               

              Less than a week later he had 20-25 people having a party by the pool area at 11:30pm and that's when the cops were called and a police report was filed.  I was told that he brought his whole party inside our 1 bedroom/1 bathroom unit, and as soon as the police left, they all came back outside.  There was just no respect at all.  I had neighbors confront him and ask him to quiet down...he just ignored them.

               

              By the way, he misrepresented his age.  We believe he is in his mid 20's, but told us he was 35.   The guys is just a bigtime liar.

            • Re: How can I get rid of this renter?
              Community All-Star

              I am not familiar with Florida landlord-tenant law, but I suspect that you are correct that due to the length of the rental, you will have to start an eviction proceeding in court.  I suspect that they are slow and costly.  If you really want this person out (and I can understand why you would!)  he may need a big incentive.  You may want to consider refunding all of his money if he vacates quickly (you set the time limit, such as 3 days) and promise to forward his mail.  This might be enough of an incentive for him to leave.  Good luck!

                • Re: How can I get rid of this renter?
                  New Member

                  Thanks for the reply.  We've given him until Friday to get out and agreed to give him a cashier's check for his refund.  We've deducted a pro-rated amount for the time he stayed in there, but it only amounts to a few hundred dollars.

                   

                  If he asked for the whole amount back, I would gladly give it to him to be rid of him, but I don't really think its about the money, I think its more about being able to find another place as cheap as ours.  Which is going to be very difficult due to the deal we gave him.

                    • Re: How can I get rid of this renter?
                      sophie Senior Contributor

                      Given his actions to date, I would hope that he doesn't trash the place before he leaves. Do you have a security deposit? I would insist on a walk through at departure (with a few large men) and if there is any damage, I would adjust the refund accordingly. I would NOT give him any money until you have seen the property.

                      What was his demeanor when you told him he had to leave? It's going to a nerve wracking few days!

                       


                      I forgot to add that if he is French, he might not be familiar with US landlord/tenant law  I would definitely try to keep it that way.

                       

                      Message was edited by: sophie