Question On The Rental Agreement
hi,
I have a Florida Rental Agreement and on it it says:
" ... NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: .... "
question is: what do I have to do with the $10.00 mentioned above? DO I have to give or take $10.00 for this agreement to be effective?
do I need to get or gice a receipt of this $10.00 to the tenant? I am a little confused. Could I just take that $10.00 out for this FLORIDA Agreement?
thanks a lot, Pam
Are you sure that is a rental agreement/lease?
i'm with lin. it sounds morelike a l/o agreement?..............km
Man, you're mighty ready to evict, huh? lol Any thoughts about who's gonna make your payment for the 2 months it'll take before you can get another renter in there making payments?
Anyways, all that aside, I wouldn't think you can evict till after the 5th. File the motions then, and if she pays on the 8th, with full late fees, cancel it, but she'll get the idea that you're serious about paying on time, and maybe she'll start paying on time.
I have a similar setup as you. Even though the late charge doesn't take effect until the 5th, I still show up at the door on the 3rd (of the month) with the notice to start the clock ticking (5 day notice to pay or quit), solely for the purpose of eviction. Of course, the notice basically reminds them of the rent due on the 1st, with late charges applied after the 5th, and that if the rent is not paid within 5 days, eviction proceedings will start. Often times, showing up with the notice right away gets my tenants attention and the issue is resolved immediately.
Hope this helps.
ED
Thanks for the reply. The only reason I am anxious to get her evicted is the previous owner told me at close ahe owed him over $1400 in back rent. He was a self made millionaire and just got from her what he could.
Tim
I can only speak from Florida sense, see state eviction stuff for Georgia.
You issue a 3 day notice when the rent is 5 days late, then issue a 5 day notice 3 business days after the 3 day, after 5 business days you then file for a default order at the courthouse, when the judge signs it, get a writ of possession, wait for the sheriff and voila.
GL
[addsig]
Ray,
My rental is in Florida. Its in Jacksonville.
Tim
I present 3 day notice on the first day after the rent is due. With the three day notice, you cannot count weekends, Holidays (and there are over 20 of them) and the day you delivered it (weekend delivery the best). After three day notice, it is usually 7 days into your eviction process. So my three day notice due date is well past the 5 day grace period, and tenants know you mean business. Tenants usually respond to the 3 day notice. If not, then I file eviction at the courthouse, which costs $120 in Seminole County, FL.
I would suggest contacting the county courthouse which the house resides and ask to talk to County Civil Eviction. Most counties can send you an eviction package via e-mail, fax or mail. They often explain the process as well, that's what they are there for.
If you file eviction, be sure you cross your t's and dot your i's. Any discrepancies between your lease and your summons you file is a quick dead end.
One more thing, if the tenant owed the previous owner $1400, what has changed in the last 3 weeks? Serve them the 3 Day Notice to get a response.
You should have gotten an assignment of the $1,400 from the prior landlord. Along with the documentation to prove it.