Tenant Lease Violation Steps

Summary

If a tenant violates lease terms, such as engaging in illegal activities or failing to pay rent, landlords can take several steps. Review the lease for specific terms regarding damages and unpaid rent. Send a formal notice demanding payment and detailing lease violations. Consider starting eviction proceedings if necessary. For damages exceeding the security deposit, landlords may pursue legal action. Mentioning potential long-term consequences of eviction, like credit impact, can motivate tenants to resolve issues. If the tenants belongings are left behind, set a deadline for collection before considering them abandoned. Legal advice is recommended to navigate these steps effectively.

Full Conversation

hi! We have a male tenant who was doing illegal activities on our property. Police came by several times. He went to substance abuse treatment while his mother continued to pay the rent. His mother did this for two months. She did not pay the rent for August and now she is not answering calls and blocked me. Her son, the tenant also stopped paying his utilities so the power was turned off and there is major damage to the unit as well. How do I proceed? How do I get the rent money plus extra money to cover damage. The lease states that tenant must give us two months notice to end the lease. Thank you!
Hi ****! Here are some general steps you can take to address the situation in Florida:
- Review the Lease: Confirm the terms regarding damages and unpaid rent.
- Send a Notice: Issue a formal demand for unpaid rent and damages.
- Eviction Process: Consider starting eviction proceedings for breach of lease.
- Small Claims Court: If necessary, file a claim for damages in small claims court.
Would you like more details on any of these steps?
This is great. Yes, please can you help me with the second step? I did review the lease terms and the tenant broke several rules such as: selling illegal drugs from the unit through the back gate, letting unauthorized strangers live in the unit, nuisance tenant who caused police to be at the property several times and also scary-looking strangers knocking on our door looking for tenant at all hours of night, failure to pay rent, failure to pay electric utilities risking additional damages and possibly we have to pay late fees and re-connection fees, tenant has been estranged for over 60 days and cell phone voicemail mailbox is full and we have no way to find or reach him.
To proceed with the second step in Florida, you can follow these guidelines:
- Notice to Pay or Quit: Draft and send a formal notice demanding the unpaid rent and damages.
- Notice of Lease Violation: Include violations like unauthorized tenants and illegal activities.
- Documentation: Keep records of all communications and incidents.
Would you like more information on drafting these notices?
The tenant’s mother was paying the rent for him as she has done the entire time he lived at our unit but now she is unresponsive and blocked my phone number. We found a mailing address for the mother and will send the notice you suggest to her. I need help with this notice letter. Can you please draft the notice? Can we do a notice to the mother and separate notice to the actual tenant who is her * yr old son?
Case Rating: *
Here's how you can draft the notices:
Notice to Tenant:
- Address the tenant directly.
- State the lease violations: illegal activities, unauthorized tenants, unpaid rent, and utilities.
- Demand payment for unpaid rent and damages.
- Set a deadline for response.
- Include contact details for further communication.
Notice to Mother:
- Explain her role in paying rent.
- Inform her of the tenant's lease violations and unpaid rent.
- Request her cooperation in resolving the matter.
- Provide your contact information.
Would you like more information on specific wording or formatting?
This is very good! The mother is not actually on the lease but has been the one paying her son’s rent since the beginning of his lease on Dec *, *. The son/tenant requested me to hold the unit for him while he attended substance abuse treatment for an indefinite amount of time. He agreed to fulfill the terms of the lease, particularly that the rent would be paid in full and any damages would be paid for in exchange for me holding the unit and NOT pursuing eviction. He was very concerned about ruining his credit and wanted to ensure that we wouldn’t evict him if he held up his end of this agreement. Should I mention any of this in the letters to him or his mother?
Case Rating: *
In your letter to the tenant, you should mention the agreement where he promised to pay rent and damages to avoid eviction. This reinforces your position and highlights his failure to fulfill the agreement. To the mother, focus on her role in paying rent and the tenant's violations.
This is great. Thank you! Do you think if I upload the lease you would be able to draft the letter to the tenant? I am worried about not receiving the money owed for rent and damages. He was supposed to give us two months notice if moving out, so I could prepare the unit for a new renter and not lose any money. The two months notice is stated in the lease.
Case Rating: *
****, I can provide guidance on drafting the notice letter, but I can't draft it for you directly. Here's how you can structure it:
- Address: Name and address of the tenant.
- Subject: Notice of Lease Violations and Demand for Payment.
- Body:
- State the specific lease violations (e.g., drug activities, unauthorized occupants).
- Mention the agreement to pay rent and damages to avoid eviction.
- Demand the unpaid rent and damages and specify the amount.
- Set a deadline for payment (typically *-14 days).
- Provide contact details for further communication.
Would you like more information on specific wording or legal implications?
I understand. Thank you so much. Can you please send an outline like this one for the letter to the mother?
Case Rating: *
Certainly! Here's an outline for the letter to the mother:
- Address: Name and mailing address of the mother.
- Subject: Request for Cooperation and Payment.
- Body:
- Explain her role in paying the rent for the tenant.
- Mention the tenant's lease violations (e.g., illegal activities, unpaid rent).
- Request her cooperation in resolving the unpaid rent and damages.
- Specify the amount owed and set a deadline for payment (typically *-14 days).
- Include your contact details for communication.
Would you like more information on specific wording or legal implications?
Sure! I would love more information on specific wording and legal implications. FYI - the mother also wanted me to hold the unit for her son while he completed drug and alcohol treatment and neither of them wanted me to pursue eviction, so not sure if I threaten to pursue eviction in the letters to each one?
Case Rating: *
When drafting the letters, consider the following points:
- Legal Implications: Include specific lease violations and the consequences, such as eviction, if payment isn't made.
- Wording: Clearly state the tenant's failure to meet the agreement terms.
- Eviction Threat: Mention eviction as a possible outcome to emphasize seriousness.
Would you like more information on how to phrase these points?
yes, please!!! You are awesome.
Case Rating: *
When drafting the letters, you can phrase these points as follows:
- Legal Implications: “Due to the violations of the lease agreement, such as [list violations], we are entitled to pursue legal action, including eviction.”

- Wording: “Despite prior agreements, you have not fulfilled the lease terms, specifically regarding rent and damage payments.”
- Eviction Threat: “If the outstanding payments are not received by [deadline], we may be forced to initiate eviction proceedings.”
Would you like more assistance on this?
Yes, please! It’s really helpful to have wording for both letters. I understand that you can not draft them but perhaps you can suggest wording for the body of each letter?
Case Rating: *
Sure, here’s some suggested wording for the body of each letter:
Letter to Tenant:
- Lease Violations: “We have observed violations of the lease agreement, including illegal activities, unauthorized occupants, and failure to pay rent and utilities.”
- Agreement Reminder: “You agreed to pay rent and damages to avoid eviction while attending substance abuse treatment.”
- Demand for Payment: “You owe [amount] for unpaid rent and damages. Please pay by [deadline] to avoid eviction proceedings.”
- Contact Information: “For questions or clarification, contact us at [your contact details].”
Letter to Mother:
- Role in Rent Payment: “As you have been paying the rent on behalf of [tenant's name], we seek your cooperation to resolve unpaid rent and damages.”
- Tenant's Violations: “The tenant has violated the lease terms, including illegal activities and unpaid rent.”
- Request for Cooperation: “We request [amount] payment by [deadline] to prevent eviction proceedings.”
- Contact Information: “Please feel free to reach out to us at [your contact details] with any questions.”
Would you like more assistance with any specific part of the letters?
I think this is probably great unless you can think of anything else that can help me get the money owed from them? The mother really isn’t the one responsible since it’s her son on the lease but I’m hoping she doesn’t want the consequences of eviction affecting her son. Should I mention any of the longer-term consequences of eviction in either letter?
Case Rating: *
Mentioning the long-term consequences of eviction could be effective. You might include points such as:
- Difficulty finding future housing due to eviction records.
- Potential negative impact on credit score.
- Legal costs associated with eviction proceedings.
Would you like more assistance with anything else?
Yes, I like this included. Can you think of anything else?
Case Rating: *
Including the potential long-term consequences of eviction in your letters is a strategic move. They could motivate the tenant and his mother to resolve the issue. Additionally, you might consider mentioning the possibility of pursuing legal action for damages beyond unpaid rent, if applicable. Would you like guidance on how to phrase these points?
Absolutely because the damages are way more money than the security deposit that he made when first leasing. There is a lot of damage to walls, floors, closet, and overall negligence. For example, the unit had an awful odor and looked like it had never been cleaned. Also, I forgot to mention that the tenant’s furniture and all his shoes are still there. Also, did I mention that the mother blocked me on her cell? I let her come by last week to “pick up some clothes” for her son in treatment. In good faith, I have accommodated everything for her. So she lied. When her and her husband came by, they packed up a lot of his belongings and secretly planned on never paying the rent or letting me know anything.
Case Rating: *
It seems you have a strong case, considering the tenant's lease violations and the damages incurred. Here's how you might phrase the points about long-term consequences and potential legal actions:
- Long-term Consequences: "An eviction could negatively impact future housing opportunities and credit scores."
- Legal Action: "We may pursue further legal action for damages exceeding the security deposit."
Would you like more assistance with any specific parts of the letters or legal guidance on your next steps?
I think there’s one more question. This tenant really caused so much stress and emotional trauma for me. He was actually selling drugs out of the unit which is a sweet, charming cottage just a mere * feet from the back of my house on the same property. He also let squatters live there secretly. He has a back door and gate behind the cottage so they could enter and exit without us knowing. The police were here several times after he called * for a possible drug overdose. There were random addicts coming to our door in the middle of the night looking for him. The pretty cottage is trashed and needs a lot of repair now. I feel so dumb for trusting his mom. I thought I was being kind and supportive by holding onto the cottage for him to possibly move into after his drug treatment rehab stay. The mother flat out lied. And now I can not reach the tenant of mother.
Case Rating: *
It seems you have a compelling case due to the tenant's significant violations and damages. Would you like to be connected to local lawyers who can better assist you with your case?
Should I include anything else related to what I just shared with you?
Case Rating: *
Your situation is indeed serious, with significant lease violations and property damage. Including details of emotional distress and safety concerns might add weight to your claims. Would you like to be connected to local lawyers who can better assist you with your case?
Yes, that would be great. Thank you! Do you have any suggestions for lawyers who help people who don’t have a lot of money to pay? I am now losing the $2k rent his mother was paying and it will take time to repair the cottage and figure out what to do with his furniture. Should I mention his furniture in the letters? Thank you!!
Case Rating: *
Given the serious nature of your situation, connecting with a local lawyer could be highly beneficial. Now, let's gather some necessary information to help you get the assistance you need:
*. What is your phone number?
maybe it’s helpful to include that the tenant is MIA and not planning on returning. Also, should I mention anything about his furniture that was left behind in the letters to him and his mother? I’m going to need to sell them if they don’t pick them up.
Case Rating: *
Yes, it's definitely worth mentioning the tenant's furniture in your letters. You could state that if the items are not collected by a specific date, you will consider them abandoned and proceed with selling or disposing of them to cover the costs of unpaid rent and damages. This gives them a clear deadline and might prompt action. Is there anything else you need help with?
That sounds perfect. How long should I give them to pick up the furniture?
Case Rating: *
You could give them a deadline of * to 30 days to pick up the furniture. This allows reasonable time for them to respond while emphasizing urgency. Include this deadline in your letters to ensure clarity. Is there anything else you need assistance with?
where in the body of the letters should I include that part?
Case Rating: *
In your letters, you can include the information about the tenant's furniture towards the end of the body, before your contact information. Here's how you might phrase it:
- Furniture Collection Deadline: "Please be advised that if the furniture left in the unit is not collected by [specific date], it will be considered abandoned. We will then proceed with selling or disposing of these items to cover unpaid rent and damages."
Is there anything else you need help with?
You are amazing! Thank you soooo much! How do I save this chat?
Case Rating: *
To save this chat, you can copy and paste the text into a document on your computer or take screenshots of the conversation. Alternatively, if you're using a platform with a save or download option, you can use that feature. Is there anything else you'd like assistance with?
I think that’s everything. Is there a way I can contact you if I have any more questions?
Case Rating: *
I'm glad I could assist you. For future questions, feel free to visit the platform where you initially contacted me. They often have ways to reach out again or continue a chat. Is there anything else you need help with?
That’s everything. I can’t thank you and the team at freelawchat enough. If you guys need anything from me, please let me know. I’m happy to leave a review or testimonial. Best of luck!
Case Rating: *
Thank you for your kind words, ****! We're glad to have been of assistance. If you ever need help in the future, feel free to reach out through the same platform. Your offer to leave a review or testimonial is greatly appreciated and will surely help others seeking legal guidance. Take care and best of luck with everything!
Will do. Thank you!
Case Rating: *
Your case involves significant lease violations, damages, and potential legal actions that would benefit from professional legal advice. It seems like you've gathered all necessary information to proceed with legal steps and contacting a lawyer will likely aid in resolving your situation effectively. If you need further assistance, feel free to reach out again.