Can My Father Kick Me Out
My question involves an eviction in the state of: Florida
ok here we go... My daughter, my girlfriend and I have been living with my father for 5 to 6 months without issue. my father rents the house from his exx girlfriend. There is no rent agreement or contract between my father or his ex girlfriend, there is no contract between us and my father either and we do not pay rent. My father has recently moved in his new girlfriend and that made his ex mad so she told my father either buy the house or get out. He is choosing to move out October 1st. So he informed us that he is 4 months behind on rent and we all have to be out of the house by the 1st. Well the problem is we dont get along with his new girlfriend and get in arguments everyday due to this my father says wehave to be out by the end of the week. I told him when I get my 30 day notice from the property owner, I will start to pack. Well this made him and his current girlfriend extremly angry. She is taking is upon herself to pack up any of our property that is not in our room. They have removed the door nob from my daughters room because we locked it when we found out they were sneaking in when we wernt home. Now they are threatening to take the bedroom set out of our room and pile all of our belongings in the back yard. On top of packing our property she is throwing away any of our property that she thinks of as junk. They unlock doors when we are not home and remove anything that they think is theirs. On top of all this they send harrasing text messages saying that they are going to cal child services on our daughter, the pound on our dog and the repo man on our car. It is nothing but constant fighting and threats living here but we have nowhere to go. I just cant move my 4 year old daughter under a bridge. So my question is, are they alowed to be harrasing us like they are (breaking in to are room, moving and throwing away are property) and can they kick us out without any kind of legal notice? Keep in mind there is no legal documents saying that my dad has any ownership of the house or even rents it for that matter. And is there anything I can do legaly to stop the harrasment, like call the sherrif or anything?? Thank you for reading, please help asap
Re: Can My Father Kick Me Out
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JohnM33
My question involves an eviction in the state of: Florida
ok here we go... My daughter, my girlfriend and I have been living with my father for 5 to 6 months without issue. my father rents the house from his exx girlfriend. There is no rent agreement or contract between my father or his ex girlfriend, there is no contract between us and my father either and we do not pay rent. My father has recently moved in his new girlfriend and that made his ex mad so she told my father either buy the house or get out. He is choosing to move out October 1st. So he informed us that he is 4 months behind on rent and we all have to be out of the house by the 1st. Well the problem is we dont get along with his new girlfriend and get in arguments everyday due to this my father says wehave to be out by the end of the week. I told him when I get my 30 day notice from the property owner, I will start to pack. Well this made him and his current girlfriend extremly angry. She is taking is upon herself to pack up any of our property that is not in our room. They have removed the door nob from my daughters room because we locked it when we found out they were sneaking in when we wernt home. Now they are threatening to take the bedroom set out of our room and pile all of our belongings in the back yard. On top of packing our property she is throwing away any of our property that she thinks of as junk. They unlock doors when we are not home and remove anything that they think is theirs. On top of all this they send harrasing text messages saying that they are going to cal child services on our daughter, the pound on our dog and the repo man on our car. It is nothing but constant fighting and threats living here but we have nowhere to go. I just cant move my 4 year old daughter under a bridge. So my question is, are they alowed to be harrasing us like they are (breaking in to are room, moving and throwing away are property) and can they kick us out without any kind of legal notice? Keep in mind there is no legal documents saying that my dad has any ownership of the house or even rents it for that matter. And is there anything I can do legaly to stop the harrasment, like call the sherrif or anything?? Thank you for reading, please help asap
Legally they cannot behave in the manner in which the are, but really in truly you are between a rock and a hard place. Calling the police won't be too effective either as they will see it as a civil matter.
You should move as soon as possible, even consider getting a hotel for the time being. If your property is damaged you can sue your father for the damages.
Re: Can My Father Kick Me Out
Legally, they haven't kicked her out yet, and they're guests in the house - not tenants. Dad can have rules against locked doors in his house. Dad can tell his guests to pack up their stuff in preparation for his moving out of the home. If she refuses to follow dad's instructions, he can pack up her stuff himself. The best way to safeguard treasures that might otherwise be confused with junk would be to follow dad's instructions and box them up, or move them out of the house. Threatening to "take the bedroom set out of our room and pile all of our belongings in the back yard" isn't unlawful - it's only words. And frankly, when she knows full well that dad is moving out of his house and needs to return the empty home to her landlord, her duty to mitigate kicks in, big time.
The landlord (dad's ex-girlfriend) has only one tenant: dad. She does not have to give notice to occupants or house guests, only to tenants. There is no formal tenancy between father and child and although the length and nature of the daughter's status as a house guest could affect what the police might do if dad threw the daughter out and changed the locks, it does not make her his tenant. It is exceptionally unlikely that the police are going to try to force a tenant, vacating the premises at the end of his tenancy, to allow his house guest to remain in residence - as they say, stranger things have happened, but I've never heard of that happening.
You can speak with a local lead agency about emergency housing options.
Re: Can My Father Kick Me Out
I can't believe there is no laws to protect me or my property. I am an adult, not a child. My daddy or his girlfriend of 5 weeks should not be able to break into my room and remove my belongings. He should not be able to remove my daughters door nob giving her no privacy or protection from his pets or intruders. I can see if I was a minor and I was living under his rules. I don't know, I guess I just have to bend over and take it.
We are in good terms with the owner of the house. If we get her to write a letter saying we can stay for X amount of days, could we stop them from packing up our stuff and forcing us to leave?
Also he is trying to force us to leave this weekend now, not the 1st and long before they move. How is that legal to kick me out on the street with a 3 day notice? That's not even time to make storage arrangements.
Re: Can My Father Kick Me Out
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JohnM33
I can't believe there is no laws to protect me or my property. I am an adult, not a child. My daddy or his girlfriend of 5 weeks should not be able to break into my room and remove my belongings. He should not be able to remove my daughters door nob giving her no privacy or protection from his pets or intruders. I can see if I was a minor and I was living under his rules. I don't know, I guess I just have to bend over and take it.
We are in good terms with the owner of the house. If we get her to write a letter saying we can stay for X amount of days, could we stop them from packing up our stuff and forcing us to leave?
Also he is trying to force us to leave this weekend now, not the 1st and long before they move. How is that legal to kick me out on the street with a 3 day notice? That's not even time to make storage arrangements.
If you are your own man, then why are you relying on your daddy to support you?
Re: Can My Father Kick Me Out
Everyone needs help sometimes smart ass. I came for legal advise, not for a holes to run their mouths. If you can't help then please don't post.
Re: Can My Father Kick Me Out
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I can see if I was a minor and I was living under his rules.
You honestly believe that as a GUEST in someone else's home, you don't have to follow their rules? Seriously?
When you are a guest in someone else's home, you can either follow their rules, or you can get out. Those are your legal options. If you fail to abide by their rules, they can throw you out. That's their legal option. Had you entered into a formal lease agreement - as adults do - you would have laws protecting you, your tenancy, and your property.
Lesson learned the hard way, I guess.
Re: Can My Father Kick Me Out
Thank you for your answer.
Wouldnt him not having any formal agreement of rent or any paperwork at all make him a guest also? A guest in his ex girlfriends house? I could go over to her house and put $1 forwards next months rent and I would be in the same position as my father.
I understand I'm reaching there but can someone seriously answer my other question? If I go to the owners house and request X amount of days to stay, could that protect me from forcfuly being kicked out.
Please understand that I'm not just trying to be a little prick and give him problems just to be a ass. I have no where to go if I leave this weekend and I have a daughter that can't sleep in a car every night. I'm just trying to buy some time so I can figure something out for my family. I'm not the little young disrespectful punk you guys are treating me as.
Re: Can My Father Kick Me Out
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JohnM33
Everyone needs help sometimes smart ass. I came for legal advise, not for a holes to run their mouths. If you can't help then please don't post.
then you need to make up your mind. Either you are an adult and taking care of your own business or you need help, realizing that there are strings attached to that help.
If you want to argue you are a guest, then you have absolutely no protections from their intrusions and activities other than to move out. If you are a tenant, you do have some protections, including a notice of termination of tenancy. Given the time you have been there, I suspect you can treat it either way you wish to. Just be careful what you wish for.
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Wouldnt him not having any formal agreement of rent or any paperwork at all make him a guest also?
Nope, because he pays rent. That creates a month to month lease tenancy, even without a written lease. A verbal agreement is enforceable.
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I could go over to her house and put $1 forwards next months rent and I would be in the same position as my father.
No, you would not. Dad's ex is not your landlord. You are a guest of your father.
It's time for you to start packing.
Re: Can My Father Kick Me Out
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JohnM33
Thank you for your answer.
Wouldnt him not having any formal agreement of rent or any paperwork at all make him a guest also? A guest in his ex girlfriends house? I could go over to her house and put $1 forwards next months rent and I would be in the same position as my father.
his agreement with his girlfriend is irrelevant to your situation and no, the $1 is not going to mean a thing unless you make an agreement (contract) to rent from her. You cannot slide in under your father's agreement and usurp his position.
Re: Can My Father Kick Me Out
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LawResearcherMissy
Nope, because he pays rent. That creates a month to month lease tenancy, even without a written lease. A verbal agreement is enforceable.
No, you would not. Dad's ex is not your landlord. You are a guest of your father.
It's time for you to start packing.
But he is 4 months behind rent and not planning on paying this months. Which from what your saying, terminates his month to month agreement. Which I would think, makes him a guest in his ex's house, like myself. If I'm wrong tell me but you don't have to be a snob about it
Re: Can My Father Kick Me Out
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JohnM33
But he is 4 months behind rent and not planning on paying this months. Which from what your saying, terminates his month to month agreement. Which I would think, makes him a guest in his ex's house, like myself. If I'm wrong tell me but you don't have to be a snob about it
That has nothing to do with you. The only thing that will terminate his month-to-month agreement is an eviction, of which you are not a party.
Child, you are wrong (snobbily typed:friendly_wink:)
Re: Can My Father Kick Me Out
Wow I've been looking at some of the other post and you guys are just a group of assholes fighting over the chance to tell someone how wrong they are. Good thing there are 1000 other forums where I can hopefully get a straight answer without all the cocky bullshit that you guys associate with your answers. Guess that what I get tho for free. A bunch of old people banning together to get a chance to tell young people what's what. This forum surely gets the stick up the ass award. Thank you and good night.
Re: Can My Father Kick Me Out
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But he is 4 months behind rent and not planning on paying this months. Which from what your saying, terminates his month to month agreement. Which I would think, makes him a guest in his ex's house, like myself. If I'm wrong tell me but you don't have to be a snob about it
Snob? Because I'm not clucking and cooing at you while I give you factual information? Here, lemme ACTUALLY be a snob:
Little one, you need to pull your poorly-educated head out, and stop behaving like a constipated toddler. How do ya like dem apples, kid?
His being 4 months behind on his rent does not automatically terminate his tenancy. In order for his tenancy to terminate as a result of being behind on the rent, his landlord would need to serve him with a pay or quit notice, then take him to court to evict him.
You are not a party to the rental agreement. You are staying there at your FATHER'S sufferance. He has chosen not to suffer through you any more.
Once more time: Start packing. You have no legal right to stay.
Re: Can My Father Kick Me Out
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JohnM33
Wow I've been looking at some of the other post and you guys are just a group of assholes fighting over the chance to tell someone how wrong they are. Good thing there are 1000 other forums where I can hopefully get a straight answer without all the cocky bullshit that you guys associate with your answers. Guess that what I get tho for free. A bunch of old people banning together to get a chance to tell young people what's what. This forum surely gets the stick up the ass award. Thank you and good night.
Good night:confused:... Ummm okay.:o
Re: Can My Father Kick Me Out
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Quoting
JohnM33
Wow I've been looking at some of the other post and you guys are just a group of assholes fighting over the chance to tell someone how wrong they are. Good thing there are 1000 other forums where I can hopefully get a straight answer without all the cocky bullshit that you guys associate with your answers. Guess that what I get tho for free. A bunch of old people banning together to get a chance to tell young people what's what. This forum surely gets the stick up the ass award. Thank you and good night.
Do you kiss your mother with that filthy mouth?
You're done, son.
Re: Can My Father Kick Me Out
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Quoting
JohnM33
But he is 4 months behind rent and not planning on paying this months. Which from what your saying, terminates his month to month agreement. Which I would think, makes him a guest in his ex's house, like myself. If I'm wrong tell me but you don't have to be a snob about it
No, you are wrong. All that makes him is a tenant who is delinquent in his rent and subject to eviction.
Re: Can My Father Kick Me Out
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LawResearcherMissy
Do you kiss your mother with that filthy mouth?
You're done, son.
Here come the BAB.
Bad
A$$
Boots.
I sure hope they are not steel-toed!
Re: Can My Father Kick Me Out
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JohnM33
Wow I've been looking at some of the other post and you guys are just a group of assholes fighting over the chance to tell someone how wrong they are. Good thing there are 1000 other forums where I can hopefully get a straight answer without all the cocky bullshit that you guys associate with your answers. Guess that what I get tho for free. A bunch of old people banning together to get a chance to tell young people what's what. This forum surely gets the stick up the ass award. Thank you and good night.
You got straight and accurate answers. You simply do not want to act like the adult you claim to be and accept them. Grow up little boy.
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well, that escalated rather quickly
Re: Can My Father Kick Me Out
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well, that escalated rather quickly
Some people have deep seated issues with the word NO.
Re: Can My Father Kick Me Out
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JohnM33
Wow I've been looking at some of the other post and you guys are just a group of assholes fighting over the chance to tell someone how wrong they are. Good thing there are 1000 other forums where I can hopefully get a straight answer without all the cocky bullshit that you guys associate with your answers. Guess that what I get tho for free. A bunch of old people banning together to get a chance to tell young people what's what. This forum surely gets the stick up the ass award. Thank you and good night.
I hope to see you at the truly hard core legal forum down the street. You've been handled with kid gloves here. You just don't know it yet. (Oh, and calling people names? Great way to get the help you desire.)