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tangerine3

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Posts: 15
Reply with quote  #1 
We recently rented out a house.  The tenant and her minor daughter are the only ones on the lease.  Her sole income was enough to qualify her.  Recently we have found out that her "boyfriend" is staying there more than just occasionally.  This is what our lease says:

4.         USE OF PREMISES.  The Premises shall be used and occupied solely by Tenant and Tenant's immediate family, consisting of ____one daughter________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Lease Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling.  Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use.  If Tenant does not abide it is a cause for eviction.  Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

Someone told me that in Florida the law is if a person stays on the premises for more than 7 days they become a legal tenant?  Is that true?  Does that mean if she moved out and he didn't we would have to go through the normal eviction process to get him out?  Does he have any rights if not on the lease?

Also it seems that right now she is breaching the lease and we could start the eviction process?  Thank you.
MikeTfromCA

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Posts: 125
Reply with quote  #2 
Proceed directly to serving this tenant with a "Perform or Quit" notice with a statement that all unauthorized occupants as defined by (cite the line/section of the lease agreement) are to vacate the premises by no later than (insert the earliest allowed time that the state allows for this type of notice. typically it's either 3 or 5 days after the notice is served, check with your local/state laws). 

This will not only send a clear message to the tenant that this "unauthorized occupant" (aka: her significant other) needs to get going, but it will begin the eviction process for your tenant should she not comply with it.
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