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  1. #21
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Evicting Parents Out of House

    unless you can find something in the law that allows you to seek an eviction in less time than that needed to terminate a tenancy and it is an actual issue, the only action you have available to you is to terminate the tenancy with proper notice. I have not found anything concerning drugs that would allow you to utilize an accelerated time to evict them.


    and now, since you said the rent was owed on a monthly basis, that establishes it as a month to month tenancy (even without that, without anything clarifying the terms, it is generally treated as a month to month tenancy). You must give them adequate notice. Notice for a month to month tenancy is set at at least 15 days prior to the end of any monthly period. Again, it is likely to be treated as the first of the month as the start of each months tenancy. That means you will not be able to terminate their tenancy until the first of July.

    If your court will accept this as a week to week tenancy, you can get away with a minimum notice of 7 days prior to the end of any weekly period. That means, if you treat it as a weekly tenancy, they are likely to consider Sunday as the beginning of the week. That means if you give them notice now, it cannot be for a date prior to the 16th.


    Now, if you are wrong and the court considers this a month to month tenancy, your suit to evict is going to get tossed. You will have to start all over with providing a proper notice of at least 15 days prior to the end of any monthly period.

    Since it will already be no sooner than the end of this month and definately after the 15th, you will not be able to terminate the tenancy until the end of July rather than the end of this month.


    and I'm not trying to give you a hard time. I am simply trying to provide you with accurate information. I have backed up my statements with citation of the laws. You can accept it or not.


    83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s.83.56(4), as follows1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
    (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
    (3) When 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) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
    History.—s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.

  2. #22
    Join Date
    Jun 2013
    Posts
    11

    Default Re: Evicting Parents Out of House

    Quote Quoting jk
    View Post
    and I'm not trying to give you a hard time. I am simply trying to provide you with accurate information. I have backed up my statements with citation of the laws. You can accept it or not.
    Ok, thanks for all the help. I was never trying to not accept your help.

    After reading your last post where you explain all the different scenarios, I don't know what is gonna happen now. I am gonna call a lawyer tomorrow.

    Who would have ever guessed it would be this hard to get rid of people breaking the law?

    And the crazy thing is that if I mess up any little thing during this long process that it can be thrown out and I have to start over. Just amazing.

  3. #23
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Evicting Parents Out of House

    this is what I would do:

    treat it as a month to month tenancy and you are simply terminating the tenancy

    with that, you give them a notice to terminate the tenancy effective at the end of this month. If they do not leave at that time, you can file an unlawful detainer suit and seek an order to evict them.

    Make sure you serve any notice properly, including the notice to terminate the tenancy.


    If you do that, you will only lose a couple weeks, at most, than if you attempted to treat it as a weekly tenancy. If you attempt to act based on it being a weekly tenancy and it doesn't fly, you will lose an entire month, minimum and have to start all over.


    Best of luck to you. I cannot imagine what you are going through and having to do this. I understand it cannot be easy for you.

  4. #24
    Join Date
    Jun 2013
    Posts
    11

    Default Re: Evicting Parents Out of House

    Quote Quoting jk
    View Post
    Make sure you serve any notice properly, including the notice to terminate the tenancy.


    Best of luck to you. I cannot imagine what you are going through and having to do this. I understand it cannot be easy for you.
    I read online that you can serve the terminate the tenacy notice by "posting" it. So basically I can just tape it to the door. Just wanted to see if that is correct or not.

    Also, yes, this is a nightmare to deal with. I'm scared to leave my house because I feel like they are gonna break in and rob me when I leave. Then I'm nervous about going to sleep because I am having thoughts about them coming in to hurt or kill me. You just never know what a drug addict is gonna do.

  5. #25
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Evicting Parents Out of House

    I believe that is acceptable. You can also hand deliver it or mail it (I suggest certified mail)

    Keep copies of anything you send, post, or deliver.

    Keep a log of what you did and the date and time you did it.

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