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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Default Owner's Husband Moved Into My Occupied Rental

    So i have been renting this house in FL for about a year and a half. last month I got home from a business trip and my landlord was at my house working on the lawn she gave me a letter that I was to be out of the house by the end of October because they wanted to sell the house. Due to my work schedule I was out of town til the end of the month in fact I just got back on the 11th of November. I talked to the owner of the houses mother before the end of October and told her I would not be able to be out by the end of the month now the owners husband has moved into the house with me and is telling me how i need to get out everyday i am trying to be out by this weekend but am wondering how much of this is legal. What rights do I have can I tell him to leave until I am out of the house? Also they are trying to blame damage to a bathroom that happened caused to a bad roof on the house. If anything I have improved their property I screened in the back porch replaced the faucet in the kitchen none of which i ever tried toget money back from. Also he brought these two big dogs that keep getting on my furniture confused about what to do.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,103

    Default Re: Owner's Husband Moved Into My Occupied Rental

    My initial reaction is, "You're joking, right?" You haven't been evicted and haven't moved out, yet you returned home to find a stranger living in your rental house? And now this person lives in the house with you, without your consent? If that's what's happening and if I were you, I would go to a lawyer and, once his jaw comes back up from the floor, sue the pants off this lady. I'm not sure what Florida torts might come into play (and it would be unfortunate if there aren't some consumer laws which would provide for a decent recovery plust attorney fees), but your lawyer can have fun brainstorming about it.

    Like most states, Florida does not permit "self-help eviction" - she gave you notice, which may or may not have been legally proper notice (I don't know, as I haven't seen it), but her remedy for your not moving out is to go to court and try to evict you. As for entry into the rental unit, her rights are extremely limited:
    Quote Quoting Florida Statutes, Sec. 83.53 - Landlord's access to dwelling unit
    (1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

    (2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
    (a) With the consent of the tenant;

    (b) In case of emergency;

    (c) When the tenant unreasonably withholds consent; or

    (d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
    (3) The landlord shall not abuse the right of access nor use it to harass the tenant.

  3. #3

    Default Re: Owner's Husband Moved Into My Occupied Rental

    somebody moved into YOUR house? call the police....they are not allowed to do that!

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