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Posted: 5/27/2020 1:35:23 AM EDT
I have a rental property in Miami, it has been rented since June 2019, last month the tenant simply stop paying, I've sent them a 3 day notice to pay, that expired last Thursday, on Friday, they text me saying they were moving out, my neighbors told me they moved out Friday and Saturday, then I got another text saying, if I wanted the keys, I would have to return their security deposit. I would like to see if anyone here is an attorney, that can help me with this situation, as I'm in Texas.
Thanks in advance.
Link Posted: 5/27/2020 6:53:13 AM EDT
[#1]
Locksmith and new pin combos/keys will likely be cheaper and easier.
Link Posted: 5/27/2020 6:59:39 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Locksmith and new pin combos/keys will likely be cheaper and easier.
View Quote



+1

seems like asking for security deposit makes it clear they moved out. secure your vacant property.
Link Posted: 5/27/2020 7:55:33 AM EDT
[#3]
Land lord Tennant law.
Read it.
Contact the local apartment association down there. They will recommend a lawyer who specializes in it.

3 day, 7 day to evict, pay, take possession.  Is the cliff notes.
Residents cant hold the keys ransom.

You need to or have an agent of you walk,take possession and or charge accordingly before handing over the deposit.

Your place might be trashed.

Cliff notes...im about to clock into work....which is in the rental industry.......
Link Posted: 5/27/2020 10:17:22 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Locksmith and new pin combos/keys will likely be cheaper and easier.
View Quote



That was my first instinct, but its not 100% legal, is it?
Link Posted: 5/27/2020 10:19:20 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Land lord Tennant law.
Read it.
Contact the local apartment association down there. They will recommend a lawyer who specializes in it.

3 day, 7 day to evict, pay, take possession.  Is the cliff notes.
Residents cant hold the keys ransom.

You need to or have an agent of you walk,take possession and or charge accordingly before handing over the deposit.

Your place might be trashed.

Cliff notes...im about to clock into work....which is in the rental industry.......
View Quote



It's a single family house, do you think I need an attorney, or it's a simple task that I can do it myself at the court house?
Link Posted: 5/27/2020 12:14:27 PM EDT
[#6]
I can give you my real estate attorneys info in Miami. If you need any help on the locks or whatever let me know.
Link Posted: 5/27/2020 12:40:04 PM EDT
[#7]
I would think you'd want to change the locks regardless.

If they are willing to hold the keys ransom, they are willing to make copies.

Secure the property and provide a safe area for future tenants.  

If a new tenant moves in and they steal items, would you be liable for not changing the locks knowing that there could possible be another key out there somewhere?  



Link Posted: 5/27/2020 12:56:59 PM EDT
[#8]
Do you have a copy of the key? You can send it to me and do a pickup at HD  for a new lock   I will change and send you the new key.
Link Posted: 5/27/2020 1:40:54 PM EDT
[#9]
I'd change the locks and be sure to report it negative to his credit report
Link Posted: 5/27/2020 1:47:39 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I can give you my real estate attorneys info in Miami. If you need any help on the locks or whatever let me know.
View Quote



Dude, I sold you a Cetme, about 9 years ago, do you still have it? how are you man? I appreciate the offer, I have a copy of the original lock, however not sure if they changed the lock, I need to go to Miami, to get the property up to par, just didn't want to go, before having possession of it. if they refuse to give me the keys by Friday, I'll drive there to start eviction on Monday, I'll let you know.
thanks for the offer...

https://www.ar15.com/forums/equipment-exchange/-/93-915960/?
Link Posted: 5/27/2020 1:50:31 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I would think you'd want to change the locks regardless.

If they are willing to hold the keys ransom, they are willing to make copies.

Secure the property and provide a safe area for future tenants.  

If a new tenant moves in and they steal items, would you be liable for not changing the locks knowing that there could possible be another key out there somewhere?  



View Quote


I have 3 spare locks all with different combinations, every time a tenants moves out, I replace the locks, and since its a gated community, I also, remove their names from the gate computer, and invalidate their car barcodes.
Link Posted: 5/27/2020 3:34:26 PM EDT
[#12]
Yes I do have it.  Let me know if you want me to just drive by or anything needed before you take a trip.
Link Posted: 5/27/2020 5:26:56 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yes I do have it.  Let me know if you want me to just drive by or anything needed before you take a trip.
View Quote



Cool, I appreciate the offer, I'll let you know.
Link Posted: 5/27/2020 8:02:16 PM EDT
[#14]
I Finally received a text from tenants, will return the keys, on Monday, if I agree to sign a "security deposit return letter".
I'm not even sure of what that is, or if that exists. any attorneys on duty, that can clear this one for me?
Link Posted: 5/27/2020 9:08:50 PM EDT
[#15]
They want a letter guaranteeing that you will return their deposit. If you don't, they'll sue you. You're stupid if you give them anything.

They've put it in writing that they have vacated the property. Change the locks asap. If they owe you money then take it out of their deposit.

You need to sell that house and stop trying to rent a property that you aren't local to.

ETA: Be happy that they left at all. My father in law has tenants that stopped paying because they know that judges are not evicting people right now in our county. They will stay for free until the evictions start again.
Link Posted: 5/28/2020 7:44:34 AM EDT
[#16]
There are ‘rona rules in effect now that limit what a landlord can do about non or late payment.  The best thing to do is contact an attorney that does this sort of work.  Asking in a forum, and acting on that advice can come back to bite you.
Link Posted: 5/28/2020 12:20:06 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
There are ‘rona rules in effect now that limit what a landlord can do about non or late payment.  The best thing to do is contact an attorney that does this sort of work.  Asking in a forum, and acting on that advice can come back to bite you.
View Quote



exactly, I was asking on the forum, to see if we have an attorney here.
Link Posted: 5/28/2020 8:45:25 PM EDT
[#18]
How do you know the place isn't trashed?

The ac could of been ripped out and scrapped. Who knows lol.

I wouldn't sign anything giving the security deposit away until putting eyes on property...  

Would also assume the security deposit is more than the cost of keys / locks.

Link Posted: 5/28/2020 10:27:23 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
How do you know the place isn't trashed?

The ac could of been ripped out and scrapped. Who knows lol.

I wouldn't sign anything giving the security deposit away until putting eyes on property...  

Would also assume the security deposit is more than the cost of keys / locks.

View Quote



I'm the legal owner of the property, however I do not have position of it, I don't believe the law will be on my side, if I just change locks and take possession of it, without proper due process, that's why I posted here, in the hopes of an attorney to give me some insight.
Link Posted: 5/28/2020 11:58:39 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



I'm the legal owner of the property, however I do not have position of it, I don't believe the law will be on my side, if I just change locks and take possession of it, without proper due process, that's why I posted here, in the hopes of an attorney to give me some insight.
View Quote



I thought they already vacated the property?

If they have already moved and are no longer staying there.  Especially if they have texted you that they were leaving.

I don't see how its not in your right to go to the property (There by gaining possession).  And then being able to change the locks..etc.

If your worried about that, maybe make them sign some type of waver before giving the security deposit (After ensuring there are no damages that would warrant you to keep it).
Link Posted: 5/29/2020 5:46:54 PM EDT
[#21]
If the tenant has voluntary abandoned the rental property, you can legally take possession of the property without any court action in Florida. I would check the property first and try to confirm that the tenant has moved out. Changing the locks will then give you full legal possession of the property. I have managed rental properties in Florida for 18 years.
Link Posted: 5/30/2020 12:34:03 AM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If the tenant has voluntary abandoned the rental property, you can legally take possession of the property without any court action in Florida. I would check the property first and try to confirm that the tenant has moved out. Changing the locks will then give you full legal possession of the property. I have managed rental properties in Florida for 18 years.
View Quote



Thank you, that's the info I was looking for, I'll be driving to Miami on Sunday.
thanks guys.
Link Posted: 5/30/2020 9:50:55 AM EDT
[#23]
Damn shame you don't have a neighbor there that could at least keep an eye on your property and provide instant feedback if issues arise.
Link Posted: 5/30/2020 11:16:36 AM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If the tenant has voluntary abandoned the rental property, you can legally take possession of the property without any court action in Florida. I would check the property first and try to confirm that the tenant has moved out. Changing the locks will then give you full legal possession of the property. I have managed rental properties in Florida for 18 years.
View Quote


This is absolutely accurate. The tenants, if in fact they moved out upon your 3-day notice to vacate, have abandoned the lease and control of the property reverts back to you. There is no need to pursue a judge's order to evict.

If the tenants are still living on your property, keep in mind that legal evictions are suspended until June 2nd across the state, but it is possible that suspension may be extended in South Florida. There is a massive backlog both in the court system and in actual eviction orders that law enforcement needs to serve, so you may want to consider the "cash for keys" option your tenant has proposed.

Good luck.
Link Posted: 5/30/2020 8:29:55 PM EDT
[#25]
The whole reason for security deposit is for damage repair, then to cover any rent due for non payment. If you got a “we have vacated” letter, then you have a reasonable time to inspect the property for any damage, arrange for repairs and adjust any deposit amount returned accordingly. Just CYA with receipts or estimates if returning any lesser amount to the renters.
Link Posted: 6/2/2020 6:00:57 PM EDT
[#26]
@MiamiSniper

any updates?  hope it went well, & you got possession back.

i too have a tenant who stopped paying, & Gov. DeSantis just extended the eviction moratorium until July 1.  

the tenants talk, & know this as well.  this particular tenant mentioned it to my face w/ a smug look.  a bit disappointing, given that we had a good relationship working relationship before.

thankfully, I am well capitalized & not too leveraged right now.  lots of landlords going to be having some troubles.


Governor extends FL COVID-19 moratorium on eviction for another 30 days
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