Eviction from a Room in a House
My question involves an eviction in the state of: FLORIDA
The Facts
-My boyfriend and I answered an ad for a roommate on Craigslist.
-We entered into a verbal contract for 3 months, ending March 1, 2014
-The woman who placed the ad also lives in the house and is a renter herself, she is not the owner or Landlord of the house itself
-One week ago she asked us to be out by February 1st, one month early, stating that "things just aren't working out."
-She has now rented our room to another person for February 1st
My Questions
-What are our rights and how should we proceed to prevent ourselves from being unlawfully evicted?
-What should I do if she attempts to change the locks or threatens us in any way?
Re: Eviction from a Room in a House
Quote:
Quoting Florida Statutes, Sec. [FONT=Verdana
83.03 Termination of tenancy at will; length of notice.]
A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months’ notice prior to the end of any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter;
(3) Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) Where the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
If you do not move out and you end up facing an eviction action, you can argue that it was a three-month tenancy and not a month-to-month tenancy. Absent a writing to document that claim, I can't promise you whether a court would agree.
Re: Eviction from a Room in a House
I would like her to follow proper procedure. She has not given us a written notice and the 1st is only 2 weeks away which does not give us enough time to find another place and we don't have enough money to move right now.
That being said, it is my understanding that I have a right to a hearing before a judge. It is also my understanding that she must file an eviction with the courthouse, which would then get us a court date about 2 weeks out. And, to be perfectly honest, we need to buy ourselves some time to find another place, but my concern is that she will change the locks before the hearing.