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  1. #1
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    Jun 2013
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    Default Evicting Parents Out of House

    My question involves an eviction in the state of: Florida

    So, my parents have been living in my garage(not attached to house) in my backyard for about the past 4 years. They have a bad drug problem and they will go a few months with out using and then they will fall off the wagon bad and use like crazy for weeks and blow all their money. I have had the "ultimatum talk" with them a few times saying that if you do this again I am gonna kick you out, but of course they do it again and I always cave in and let them stay.

    Well this time it went really bad and their lying is just over the top now, I can't take it anymore. So I told them they have to leave and they left for 2 days and then came back and asked me to let them stay "for a month" while they figure out what to do. I know that is a complete lie, they have no intention of leaving, so I tell them "no", they cannot come back into the garage. Well, they just ignore me and they go right into the garage and put all there stuff in and lock the door.

    I decide to call the cops and they show up and tell me that since this is their legal address and they get their mail here that they have squatters rights and the cops cannot make them leave and that I have to evict them.

    So I research the eviction process and I write up the 3 day eviction letter and I give it to them.

    So basically I am gonna go to the courthouse this week and start the eviction process, but is there any input or advice you guys can give me or things that can help it go smoother or things to look out for?

    They never paid me rent and we do not have a renters agreement. I just let them stay here because they had nowhere to go.

    I think it is horrible that they can just sit in my garage and smoke crack all night and there is nothing I can do about it.

    Thanks for any help with this. I am so stressed I am literally sick over this.

  2. #2
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    Default Re: Evicting Parents Out of House

    From your posting, it certainly sounds as is you are doing all the legal steps quite correctly:

    http://rhol.org/csu/evictions/Florida/FloridaSteps.htm

    Gail

  3. #3
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    Jun 2013
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    Default Re: Evicting Parents Out of House

    Quote Quoting gail in georgia
    View Post
    From your posting, it certainly sounds as is you are doing all the legal steps quite correctly:

    http://rhol.org/csu/evictions/Florida/FloridaSteps.htm

    Gail
    Ok, that link is great.

    I was just worried that since I don't have a written lease agreement or something that there would be someway that I am going to get screwed over somehow.

    I'm just gonna move forward will all this stuff and hope everything goes smoothly. I guess they could "fight it" right and drag this out?

    Thanks.

  4. #4
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    Default Re: Evicting Parents Out of House

    Well, they could certainly attempt to fight it out but their defense would be....nothing. There really is no such thing as "squatters rights" and (as adult children have found out), being a relative doesn't give you any extra points in this matter.

    Legally (and putting aside the parent/child relationship), you are their landlord and they are your tenants. Nothing more, nothing less in the eyes of the law. You have begun the process of eviction and you have done this correctly whether there is a written lease or not.

    Gail

  5. #5
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    Jun 2013
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    Default Re: Evicting Parents Out of House

    Ok, well I feel better now reading your reply. Just gonna trust that this process is gonna work. Can't wait to get this taken care of.

    The one thing I noticed is that the "3 day notice" letter in step 1, basically means nothing at all. Because they can just ignore it. They should remove that step and let you just go to step 2 right away. It just makes the landlord wait 3 extra days before moving forward.


    Thanks again Gail.

  6. #6
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    Default Re: Evicting Parents Out of House

    Legally the tenants have to be given some sort of "good faith" time limit to remedy whatever situation is in dispute. For example, a certain amount of time to catch up on owed rent or to get rid of a pet (if the lease does not allow pets, for example). Different states allow different time periods to do this. Once this time period is complete (and if nothing has been done), the matter is turned over to the court system to decide the fate of the tenant.

    Gail

  7. #7
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    Default Re: Evicting Parents Out of House

    Ahhh, ok. Got it. Makes sense.

  8. #8
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    Jan 2006
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    Default Re: Evicting Parents Out of House

    What is your basis for a 3 day notice?

    You must give a 15 day notice on a month to month tenancy in Florida for a general termination of tenancy.




    83.03 Termination of tenancy at will; length of notice.—A tenancy at will may be terminated by either party giving notice as follows1) 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.
    History.—s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; s. 3, ch. 2003-5.

    http://www.leg.state.fl.us/statutes/...0083/0083.html

    a non-defined tenancy is generally treated as a month to month tenancy. Even if it is accepted as a week to week, you still must provide 7 days notice to terminate the tenancy.

  9. #9
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    Default Re: Evicting Parents Out of House

    Well, I just went to the website for my local courthouse and I am following the directions on there which says 3 day written notice.

    The link Gail posted says the same thing:
    http://rhol.org/csu/evictions/Florida/FloridaSteps.htm

    Not saying you are wrong, because all of this is new to me.

    It's pretty insane that you can be nice to someone and let them stay with you rent free and without a lease agreement and when you want them to leave you have to go thru all this.

  10. #10
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    Default Re: Evicting Parents Out of House

    the only basis for a 3 day notice is an issue such as a failure to pay rent




    83.20 Causes for removal of tenants.—Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, may be removed from the premises in the manner hereinafter provided in the following cases1) Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord.
    (2) Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 days’ notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entitled to the rent on the person owing the same. The service of the notice shall be by delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a copy thereof at such place.
    (3) Where such person holds over without permission after failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent, and when 15 days’ written notice requiring the cure of such breach or the possession of the premises has been served on the tenant. This subsection applies only when the lease is silent on the matter or when the tenancy is an oral one at will. The notice may give a longer time period for cure of the breach or surrender of the premises. In the absence of a lease provision prescribing the method for serving notices, service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or the address designated by the lease, by posting.
    History.—s. 1, ch. 3248, 1881; RS 1751; GS 2227; RGS 3535; CGL 5399; s. 34, ch. 67-254; s. 20, ch. 77-104; s. 2, ch. 88-379; s. 1, ch. 93-70; s. 437, ch. 95-147.

    the link I gave you rules since they are the actual laws in play here. Is what is in those laws that are used to produce the info in the link gail gave you.



    In fact, it would appear the link gail gave you is not relevant to your situation. This is an excerpt:

    RHOL includes the basic forms necessary for evictions for non-payment of rent. This short summary of the legal procedure is targeted toward regaining possession of your property. It does not address the payment or recovery of back rent and damages owed to you.
    since there is no rent due, you cannot evict based upon a failure to pay rent.

    Either do it right or the suit will be dismissed. Then you get to start all over using the correct procedure.

    You are terminating the tenancy. You are not removing them for cause. There is a world of difference in those two situations. Since you are terminating the tenancy, you must give them proper notice. Then, if they do not leave after the expiration of that notice, you can file for an eviction.

    With what you are doing, your parents can walk into court and say;

    he gave us a 3 day notice to pay or quit. We do not have any rent due so we ask the suit be dismissed. Additionally we are seeking punitive damages in an amount the court deems proper for a frivolous suit and an unlawful eviction. The landlord is obviously aware he has not required us to pay any rent. Seeking to evict us on this premise amounts to nothing less than an extreme perversion of the laws that require the landlord to provide actual and proper notice to terminate the tenancy.

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