Florida: eviction of someone living in storage unit

Morris

We are in Florida and have a lady who is residing in her storage unit with her ‘service dog’.  She has dog food all over the floor.  Trash, etc.  it is stated in her lease that she signed that the unit is not to be used for residential purposes, not to be used as a dwelling, etc.  We have involved law enforcement to try to have her removed and or tell her she is not allowed to reside in the storage unit.  We were informed by our city government several years ago that they had an ordinance stating that people are not allowed to live in storage units amongst other rules.  However local law enforcement has stated that since she has paid her rent, and has a lease allowing her access to the unit that they Can Not remove her or ask her to leave unless she is breaking a law.  We showed law enforcement our lease (that the customer signed) with rules about not living in the unit, but that didn’t help.  We have sent her a certified letter to her last known address as well as posted it on her storage unit door stating that we terminating her lease at the end of the 30 day rental period (May 25, she moved in on April 26).  She claims that she will not be leaving during at the end of her lease.  If she chooses to not comply with the termination of lease, how can we remove her if she doesn’t leave?  If she tries to pay and we refuse payment can we legally lock her unit after 10 days past due since she will claim that she attempted to pay?  If we do have to go thru the court process, what forms do we use to evict a rent paying tenant who has violated the terms of her lease and how long does this process take?  I appreciate any and all feedback

ESS

You've served her with a non-renewal so at the end of the term, cut the lock and move her out of your system. For the time being, restrict her gate access hours to office hours only and disable her web access so she can't make an online payment. Call your PD and let them know you want her trespassed. If she comes back to your property after being trespassed, she can be arrested. You could also call animal control to report the dog's living conditions

Morris

Her monthly lease expires On May 25, so you are saying on May 26, we can just cut her lock off and dispose of her belongings
and file a trespass warning??  This is completely legal in Florida???

MamaDuke7

Morris said:

Her monthly lease expires On May 25, so you are saying on May 26, we can just cut her lock off and dispose of her belongings
and file a trespass warning??  This is completely legal in Florida???

You should check with the FL SSA or an attorney for laws specific to your state.  That would never fly in CA.  Here, if they don't leave, we lock them out and have to go through a legal eviction process through the courts.

LADYLIFT1

Im in Fla, I really dont think you can do that. I would go thru an atto

ESS

Yeah, I didn't think about different provisions for Florida, although most are like the ones here in Texas. 

artlaz

Thank you for the info. Very interesting case in Florida 

AnnWallace

I'll give you some general information about your position. To receive specialized legal counsel catered to your situation, speak with a Florida landlord-tenant law specialist. Storage units used as residences or residential spaces are often prohibited in Florida, as in many other states. You might be able to evict the tenant if they reside in the storage unit violating the lease terms. Usually, you must follow the correct legal steps to proceed with the eviction process. Typically, this entails giving the tenant a notice to cure or quit, informing them of the lease violation and giving them a predetermined length of time to make things right.

floperators

What does the lease say? Our FL leases states that either party can end the lease with 10days written notice & if the tenant is not gone by the date given then the lock will be cut and the items discarded of however we choose. Also states there will be immediate eviction for anyone caught sleeping on the property.

teamcapitola

Does your Rental Agreement have a provision about limiting access hours for the security / safety of the facility (or some such) 

First thing we would do is restrict her access to office hours and then overlock her unit outside of those "allowed" hours. That should stop the overnight sleeping in unit.

Sometimes that's enough for the tenant to leave on their own.