I have a tenant, and I have continued to accept less than required amount of rent, the lease is finally up, and has not sucessfully been fulfilled, and now she is staying month to month and not paying as agreed. I agreed to allow the tenant to split the rent to make it easier on her. yet again, last month she only had half on one of the installments. I made her sign an agreement that I would accept it, provided she paid the remaining amount, along with the next installment plus a late fee or she had agreed to move out by 12/31/09. She owes 675 for august, owes 225 for november and now owes 450 for first half of december and by the 20th will owe the other installment of 400 for december. I really want her out, but can I accept December’s rent, then evict her for past due amounts? I know normally I cannot collect partial past due rents if I am going to evict, but she is planning on staying thru the end of the month, and am I not entitled to rent for THIS month?

Small claims, security deposit
I have a tenent in Florida on a
month to month oral lease, i.e. no
written contract. He paid me 300 a
month for about 2 years. He gave
me one week notice and moved out
on the 7th of November. He never
paid me the rent. He also ruined a
carpet, dog ripped up a small patch,
and never fixed a hole in the wall.
Problem is I never claimed the rent
on my taxes. Can I take him to small
claims and expect to win if I claim his
income from this year on my next
years taxes? He never gave me a
deposit, paid me mostly in cash,
although i have some checks, maybe
5 or 6 and his mailing address was
kept at my house over that period of
time. Just don’t want to get screwed
because I never claimed the taxes.

My tenant’s one year lease expired on February 2009, she asked me if she could stay on a month to month and not sign a new 1 year contract (because she was looking into buying a house) with the promise that she would give me ample notification when moving out. I said that would be fine, thinking that closing on a house would take some time. On August the 29th she notified me by letter that she will be moving into another apartment and that I could use the “Last Months Rent” as rent for September. I told her that she has not paid me a last months rent, only a deposit and that she would have to pay me for September. She replied that she did not have the money because she gave it to the new landlord. What can I do, she also re-painted one bedroom in a much darker color.

I have been living with my grandmother at a home of which we have a month to month lease with our landlord (My name as well as hers is on the lease). My grandmother recently told me that she is having my uncle and his girlfriend move in at the end of December and he is a known crack addict who calls drug dealers to the home when he used to live with her at our previous home. I have two children that live in the home with us, as well as my elderly disabled grandfather and my younger adult brother. There are no empty rooms in the home for them to even move into. I feel extremely worried about the safety of myself and my children as well as our belongings. I explained this to her and she doesn’t care and is moving him in against my wishes and will have the landlord take me off the lease. I explained to her that I am on the lease and I have the right to refuse him from moving in. My question is, do I have the legal right to not have him move in and does she have a legal right to go against my consent and take my off the lease?