Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2017
    Posts
    3

    Unhappy How to Evict Somebody Who Rented a Room in Your House

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

    So. Where should I start? I helped out a friend of a friend, who was breaking up with said friend. I felt no-one should be homeless (my how that's changed) and figured as long as he paid rent we were good. I checked it with my mother whom I live with but has always been casual and open about roommates, as long as rent is paid. Well, rent was paid. That's not the issue. The issue started 5-6 months ago. So first, let me state my mom has been degrading health wise which we later found out to be cancer (2nd-time) and I've basically been her caregiver/nurse/etc. Once we realized something wasn't right with mom I asked my friend (from with herein referred to as Alan) if he and his GF (who he kinda moved in without me even realizing it as everything moved so fast {2 weeks after they were dating and she was staying, but she helped out and he paid a little extra, at first} ) would be able to find a new place in a few months (asked around April, phrased as a year) to which he said he should be able. His GF had been a problem as it was since she made my mom uneasy a few times with her craziness, causing my mom to freak out a few times to the point she doesn't want her around. Shortly after I had asked Alan about it all, before numerous fights I've had with Alan & his GF an incident happened; on March 24th. His GF "accidentally" set fire to the back room. She was trying to kill herself and when it didn't work she threw the clothes she wrapped around herself on the floor and then bolted {claiming she tried to let me know, but she didn't, in anyway at all, to which I have witnesses that she was seen fleeing the scene} leaving the fire to grow and spread through the back room (their bedroom) which I feel put me in incredible danger. If I had no knowledge of anything or was asleep, I would've been dead. The backroom had some damage done, and I told Alan him and his GF were going to have to find a new place once my mom got back from the nursing home (Forgot to say, she had been in and out of homes and rehab for UTIs, most of this story she was in a home. In fact, she's in one atm, but she's getting out soon, to which she needs to start radiation soon following a surgery she recently had to remove a cancerous tumor) and he seemed to understand. This was the 24th of May.

    I then told him he had until the middle of June or so to let him save up some money and such and that I'd buy him a cheap cell phone so he's not homeless and unable to communicate with anyone. Trying to help again. He then asked about his GF and what happened when she got out of mental jail (more-or-less), to which I told him she can't come back here. I let him know, as a friend I'd give him and her one last night together in order for her to get her stuff (to which this came back and bit me on my ass I later found out) to which the result was a police officer telling me I let her back on the property in any way, she's my problem now as Alan "sublet" the room to her or some crap that I just couldn't believe. This woman almost killed me and burnt down my house, and I couldn't do shit cause she wasn't on her pills at the time. Anyways, after I calmed down and Alan calmed down (as he was a tad perturbed I called the police) I wrote out a Termination of Tenancy form since I was told my only option was to legally evict. I didn't honestly believe I would have to, this guy was my friend after all I believed, but I figure I'd cover my bases. After looking online I found one I thought worked as he paid weekly. I grabbed it, printed, filled out 2 copies, and handed him one. He stated he understood and would be out by the time requested as July 1st. Come close to that time and I need to take my mom to Jacksonville for aforementioned surgery so I got home literally the 29th, and I figured since this guy was my friend I'd give him a few extra days since my mom wasn't gonna be home; Trying to do right since I know he's about to be homeless essentially. I told him he had until the 10th of July, today. I asked him about his stuff this afternoon, to which he replied he wasn't leaving and to go ahead and file eviction that he'll fight it. He knows I'm doing this cause my mom wants her home back and doesn't wanna deal with them SCREAMING at each other (abusive relationships pale in comparison to these two) nor doesn't want to deal with the fact that he has his friends over anytime, at random times. Hell, one of his friends JR might as well live here as well. I'm so tired of this, and I'm just trying to figure out what eviction to file. I set up a 7 day Notice To Quit - Termination of Tenancy, as he paid weekly. I'm unsure at this point if this is considered a Holdover Eviction or Eviction due to the breaking of a lease. There was no written lease, it was all oral; so I don't know if what I'm complaining about (damage to property, unwanted guests, noise disturbances, adoption of a pet (yea, forgot that, his friend just left his dog here. Alan basically just said he'll take care of it) is eligible if there's no written lease.


    I can hear them fighting with each other as I type this. I just want them gone, I want my mom to feel at ease in her own home. He told me earlier that he's gonna fight tooth and nail, and flat out lie that he never got the termination of tenancy

    Here is a link to the 7-day Notice To Quit I used. I'm in Volusia County but I was told any for all of Florida should work all the same. Please, someone, tell me if I did anything wrong. I want him gone, my mother wants him AND her gone (especially her, she's fearful of her) and we've got a long arduous road ahead, that would be next to impossible if they stayed. In order for my mom to become OK, I need these people gone!

    http://www.clayclerk.com/wp-content/...ce-to-Quit.pdf

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Which Eviction to Get People Out of Back Room of House

    I'm going to give it to you straight.

    Give him the 7 day notice of termination since he pays weekly. He won't leave because he's got a good thing going and you being the push over that you are, he figures he has 7 days to talk you out of going any further with this. Keep copies of this for yourself.

    Stand strong. On the 8th day march on down to the Clerk of Court office and file for the eviction. There is no "fighting tooth and nail" over this business. It's easy to terminate a tenancy at will. You just have to do it.

    Gail

  3. #3
    Join Date
    Jul 2017
    Posts
    3

    Default Re: Which Eviction to Get People Out of Back Room of House

    Thank you, though I'm unsure which Eviction, is he considered a Holdover Tenant? I already gave him the notice; A WHILE back. I'm heading down to the courthouse tomorrow when I get out of work (I'm gonna talk to a cop though at my job cause we get cops there all the time {I work at Arby's and my boss gives police a discount} and I'm gonna double check stuff with him {as my boss told me I should earlier when I went to get dinner} ) and I'm gonna file for Indigent Status (Just want some type of payment plan, not looking for a handout but 200 up front is kinda hard to swallow in the situation I'm in with my mom and all) for my mom as she's the homeowner. I have a power of attorney for all this, but will that let me stand in for her in court if it goes that far (she's not really able to go to court easily)

  4. #4
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Which Eviction to Get People Out of Back Room of House

    Make sure you have a WITNESS when you serve the papers, so he can't deny it again. Learned that one the hard way. Finally I went to the Clerk of the Court, and they were helpful in explaining what dates, times and monies I needed to be aware of and the procedures I needed to follow. My "tenants" fought, too, and then disappeared just before the actual court date. Good luck.

  5. #5
    Join Date
    Jul 2017
    Posts
    3

    Default Re: Which Eviction to Get People Out of Back Room of House

    So I talked to an actual lawyer (my boss recommended me one and I went to go see him) for like 20 minutes and asked about which Eviction to use. I had asked about a copy of a Holdover Eviction and asked if in this case {an at-will tenancy, oral agreement, weekly payment so a weekly notice to quit} that would work as compared to an eviction based on non-compliance of lease {as there was no lease to base any statements on since it was all oral} which made me ecstatic. He also confirmed the notice to quit I gave him worked AND he told me as long as I had a copy that should work, regardless of whatever the tenant said seeing as we live in the same home

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: How to Evict a Tenant Renting a Room in My House
    By TechnicalSubstance in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 02-07-2013, 10:57 AM
  2. Repair and Maintenance: Rented Room is Too Hot
    By Louie2112 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-12-2012, 08:15 PM
  3. Grounds for Eviction: How to Evict Tenants Who Rents a Room in a House
    By ClareD in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-30-2012, 12:40 PM
  4. Applying to Rent: Just Rented Room in House but Landlord Didnt Tell Me That the House is in Foreclosure
    By crf inc. in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-26-2011, 07:44 AM
  5. Eviction Process: How to Evict a Person Renting a Room from Me at a House I Rent
    By cherishash in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-11-2011, 11:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources