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  1. #1
    Join Date
    Jun 2013
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    11

    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
    Join Date
    Dec 2012
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    1,018

    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
    Join Date
    Jun 2013
    Posts
    11

    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
    Join Date
    Dec 2012
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    1,018

    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
    Join Date
    Jun 2013
    Posts
    11

    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
    Join Date
    Dec 2012
    Posts
    1,018

    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

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