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Juliana
Juliana, Lawyer
Category: Family Law
Satisfied Customers: 1651
Experience:  23 years of legal experience, former child support attorney, currently practicing family law
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My sons friend is looking for a place to live. I offered to

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My son's friend is looking for a place to live. I offered to him that he could stay if he was willing to help out financially. My daughter says that if Iever want him to leave that I have to get an eviction notice. Is there something else I could have him sign agreeing that if I ask him to leave he will do so immediately without waiting or filing any notice?
Submitted: 2 years ago.
Category: Family Law
Expert:  Juliana replied 2 years ago.
Hello,

Thanks for your rating on the previous question, and also for requesting me on this question.

If this person pays you rent, he would be considered your tenant, and therefore, Florida's eviction laws and notice requirements would apply.

A landlord is prohibited from adding a lease provision that allows him to bypass eviction laws and notice requirements - i.e., a landlord cannot require a tenant to waive his legal rights. If you include this type of provision in your lease agreement, it would not be enforceable, and your tenant would not be obligated to follow it.

Hope this helps. Good luck.
Juliana
Juliana, Lawyer
Category: Family Law
Satisfied Customers: 1651
Experience: 23 years of legal experience, former child support attorney, currently practicing family law
Juliana and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
What is the difference between a tenant and a boader?
Expert:  Juliana replied 2 years ago.
Hello,

I apologize for the delay in responding. I've been offline until just a few minutes ago, when I logged on and saw your follow-up question.

The legal definition of a tenant is "a person who occupies real property owned by another based upon an agreement between the person and the landlord/owner, almost always for rental payments."

A boarder is "someone who pays a stipulated sum in return for regular meals, or for meals and lodging."

Although the two are similar, boarders have fewer rights to privacy than tenants. A boarder rents a room in a residence, which he/shd shares with the owner of the property, or with other boarders. They share a common space (i.e., a living room) and kitchen facilities, but the boarder will have a private sleeping area. A tenant, on the other hand, has a private living area and kitchen facilities.

Hope this makes sense :)

Juliana
Customer: replied 2 years ago.
Is the eviction process the same for a boarder? ie they must be given 30 dyas to vacate?
Expert:  Juliana replied 2 years ago.
Hello,

If they are paying you rent, they would be classified as a tenant for purposes of landlord-tenant law, and you would have to follow the eviction process, starting off with a notice.

The length of time to be included in the notice depends on the reason for the eviction.

A 7-day notice to vacate the property would be given in the following situations that may be included in the lease agreement: having or permitting unauthorized pets, unauthorized guests, or unauthorized vehicles, parking in aunauthorized manner or permitting such parking, failing to keep the premises clean and sanitary, or other activities that are not permitted by the lease.

If, however, the tenant/boarder has not paid his rent on time, a 3-day notice to vacate would be given.

If the tenant/boarder does not vacate the premises after the appropriate notice has been given, then you would follow through with filing an eviction process in court.

Hope this helps.
Juliana


Juliana, Lawyer
Category: Family Law
Satisfied Customers: 1651
Experience: 23 years of legal experience, former child support attorney, currently practicing family law
Juliana and 2 other Family Law Specialists are ready to help you

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