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Puerto Rico
Complaint for Unlawful Detainer - Tenant Holding Over After...

Puerto Rico Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

Category:

Landlord Tenant - Complaints

State:

Multi-State

Control #:

US-03329BG

Format:

Instant download

Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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FAQ

When a tenant remains in possession of the rental after the agreement term expires they are considered a ?holdover tenant? . Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate.

If the tenant fails to timely retrieve the personal property, how it is disposed of will depend on its estimated value. If the landlord or property manager reasonably believes the personal property has a total resale value of less than $700.00, the landlord may keep or dispose of the personal property in any way.

Chapter 83 of the Florida Statutes is instructive on handling a holdover tenant situation. Section 83.58 of the Florida Statutes entitles an owner to demand double rent for the amount of time that the tenant continues to stay in possession of the property.

These include: 1. The right to a safe and habitable living space: Landlords are required to provide tenants with a safe and habitable living space. This means that the property must be free from hazards such as mold, lead paint, and other dangerous conditions. 2.

The law requires that the tenant pays a storage fee in exchange for his property. If a property goes unclaimed, California law requires that anything worth more than $300 must be put up at a public auction. Summarize this information and send it to the former tenant.

Long story short is: If you evict a tenant because they won't pay rent, you can use their security deposit to cover what they owe. However, if the deposit doesn't cover the full amount of rent and late charges, you can sue the tenant for the outstanding balance.

Ask for more time to move. If you lose your eviction case, you need to move out (at the latest) 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time to move, you can ask the court for a stay of execution.

In most cases, the tenants are given 72 hours to return to the property to get all their personal belongings. The landlord can choose to extend this amount of time. If the renter is unable to remove their belongings within the agreed-upon time, then the landlord now has the legal right to dispose of their things.

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