Results 1 to 2 of 2

Hybrid View

  1. #1

    Exclamation Eviction Between Family Members Living in the Same House

    My question involves landlord-tenant law in the State of: Florida

    Hi all. I am currently the adult daughter (19) currently dealing on the outskirts of an eviction between my mother and grandmother.

    My grandmother (79 years old) has been living in my mother's house for almost 10 years taking care of me when I was a minor, paying her a monthly rent fee of $1000/month and covering all utilities while my mom lived in a different house. As far as I've been told, there was never a "lease agreement" signed between them, and it was all off of "you'll pay me this much per month" but there was never any legal lease signed by either party. Currently, I am a college student living on my own 6 hours away so I've been an outsider in all of this looking in on both the actions of my mother and grandmother. When I moved to college 2.5 years ago, my grandmother got a job to both keep her attention (because she didn't have to look after me) and to help pay her bills outside of Social Security and money market accounts that pays out monthly so she can cover her expenses. She has never been late/late without reason to pay my mother the $1000/month. Recently, my mother moved back into the house with my grandmother and apparently they always fight. Verbal altercations with both parties ending up in tears happen regularly. My mother has allowed (grudgingly) my grandmother to continue to occupy the house under the condition that she's still paying rent. This past month, my mother told me my grandma refused to pay her rent, so I investigated into the situation. According to my grandmother, she had "bills to pay" and couldn't dish out $1000 this month. I'm unsure what these expenses were but that's immaterial. Anyway, in any other situation with any other landlord, if you don't pay your rent, obviously legal action will be taken against the tenant. Cool. So my mother tells my grandmother that she has 30 days to move out. As she's pretty elderly, and we've been doubting her compentency for years, she's been looking for new places to move, but my mother keeps bombarding my grandmother with nasty letters and has moved her stuff outside/into her room/out of the kitchen/etc. I do understand my mother's frustration with living back at home with her mom (as a dating individual) and that my grandmother is very much responsible to pay her rent monthly and on time, but I feel like she's being EXTREMELY unprofessional with the way she has carried out the 30-day notice. Almost every day, my mother leaves a note on my grandmothers bed spewing expletives, that she's "miserable" living with my grandmother, etc. It's all become very out of hand.

    Today, I called my mother to let her know when I'll be returning home from college for spring break. She has informed me that she has taken a motion for eviction against my grandmother and that she'll be being served in the next few days, so to be ready for all hell to break loose.

    I guess my main questions are, what can my mom ACTUALLY do (and not just threaten to do) to my grandmother without a written, signed lease? Can she just throw my grandmother's stuff out by the side of the road (like she's done many times before)? Should my grandmother get an attorney? If my grandmother is deemed legally incompetent, can my mother force her to move out? Is there anything my grandmother can do as recourse for my mother's behavior towards her?

    Thank you!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Eviction Between Family Members Living in the Same House

    What you have to understand is that you don't have to sign a contract to have a contract.

    There is an unwritten rental agreement between your mother and grandmother that is a month to month agreement (otherwise known as tenancy at will) which can be terminated by either party for any reason (as long as it's not illegal discrimination) with proper notice.

    A tenancy at will is governed by the Florida landlord tenant statute.

    http://www.leg.state.fl.us/Statutes/...entsIndex.html

    83.57 addresses Termination of Tenancy without Specific Term and allows for termination of a month to month tenancy by giving not less than 15 days' notice prior to the end of a monthly period.

    http://www.leg.state.fl.us/Statutes/...s/0083.57.html

    Note that notice must be in writing but since you mention that your mother has sent letters, the writing has probably been complied with.

    However, 83.56(3) allows for a 3 day notice of termination for non-payment of rent.

    http://www.leg.state.fl.us/Statutes/...s/0083.56.html

    Your mother has given your grandmother more notice of termination than is legally required.

    The apparently toxic relationship doesn't change that and at the end of the notice period, your mother is free to file for eviction through the courts.

    Can she just throw my grandmother's stuff out by the side of the road (like she's done many times before)?
    No.

    That would be wrongful eviction and your grandmother could be awarded monetary damages and attorney fees if your mother does that.

    Should my grandmother get an attorney?
    Nobody can say yea or nay to that. It's entirely up to your grandmother though I can't see what good it will do as long as your mother complies with the statutes.

    If my grandmother is deemed legally incompetent, can my mother force her to move out?
    Nobody is ever legally obligated to provide shelter for one who is legally incompetent and if you want to go through the expensive and time consuming court process to get your grandmother declared legally incompetent, what will happen is that your grandmother can be removed from the dwelling by the state and placed in a facility. So, if you are thinking of going that route on behalf of your grandmother, the cure might be worse than the disease.

    Is there anything my grandmother can do as recourse for my mother's behavior towards her?
    No.

    Family lunacy aside, if a landlord wants a month to month tenant out, and follows the law, the tenant eventually will be evicted and put out by a local sheriff at which time all her belongings will be put out as well.

    The best thing you can do for your grandmother is help her find another place as quickly as possible and get her out of that dysfunctional environment.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: What Happens During Eviction if Additional People are Living in the Rental House
    By willEvict in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-22-2015, 04:57 PM
  2. Disability and Elder Law Issues: Can Family Members Set Up Surveillance in an Assisted Living Facility
    By Jimp in forum Disability and Elder Law
    Replies: 2
    Last Post: 04-27-2013, 03:04 PM
  3. Foster Care: Can CPS Disregard All Family Members and Place Children with Non-Family Members
    By Aleca Booth-Richardson in forum Abuse and Neglect
    Replies: 8
    Last Post: 11-13-2012, 06:57 AM
  4. Living in Another Family Members Home
    By Jacobwiley in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-04-2011, 06:30 PM
  5. Private Investigators: Looking for Lost Family Members
    By Lala_1 in forum Legal Practice
    Replies: 6
    Last Post: 12-27-2008, 11:09 AM
 
 
Sponsored Links

Legal Help, Information and Resources