Eviction or alternative process in a short sale property, with lease stating it was in short sale

Profile picture for Ashley1970

I have a property that I could not continue paying and went in short sale for a while and now finally have an offer approved. The property has been rented with a lease month to month, even though payments have been most of the time late, and the last month has not been paid. The one year lease is already expired and tenants continue living there month to month. There is a clause in the contract that states this house was in this process of short sale and that tenant should leave in 30 days notice of sale of the house. The notice was given but now the tenant refuses to leave on that date. This is a problem for me since the closing date is in 3 weeks and need the unit vacant. Having this contract signed with that special clause by tenant in the State of Florida what are my options? Can I have a sheriff vacate the unit immediately after the 30 days of the written notice or go to regular eviction process which may take more weeks?

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September 04 2011 - Miami
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Answers (2)

Profile picture for SE Florida broker

Here you find the answer to your question..
Good luck!

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September 06 2011
Profile picture for emh3
Ashley, 

Sorry to hear you are having issues with your tenant. In the state of Florida we are governed in these matters by the Florida Residential Landlord and Tenant Act that gives guidance and clarity on the general terms of rentals, eviction proceedings, etc. 

If you cannot reason with your tenant then you would most likely let them know that as month-to-month tenants they would have 30 days to vacate upon having received notice from you that they must move.

Pay close attention to chapter 83.56 which governs termination of rental agreements. 

Here is the link to the page from the State of Florida.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html

If all of this is unclear I can always give you the name of some good eviction attorneys or you should speak to your realtor for help.  

Given that you have an approved sale pending you will most likely need to advise your closing coordinator of the issue so they can accomodate the circumstance as well. 

Hope this was helpful and best of luck!
Adrian 
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September 05 2011
 

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