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socrateaser
socrateaser, Lawyer
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Experience:  Retired (mostly)
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Okay i recently moved back woth my father i have never changed

Resolved Question:

Okay i recently moved back woth my father i have never changed my address so my.fathers address is my perminet address im 19 years old and im 5 months pregnant . He just recently found out im pregnant and wants me out . I only have my clothes and belonging with me but no bed can he do that ??
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello,

You are an adult, so, your father can file for a summary action in court to have you removed by the sheriff, if you refuse to voluntarily vacate the premises. However, unless he does this, the sheriff/police will not forcibly remove you -- because you have evidence of a "tenancy at will."

It all boils down to how tough on you your father wants to be. I certainly wouldn't want to be the judge hearing the eviction action. I'd probably start crying -- it's so sad.

But, as a matter of law, if your father really wants to force you out, he can do so. It just may take him 15-30 days to accomplish the eviction.

Hope this helps.
Customer: replied 1 year ago.

okay my father is very hard on and as well he told me that since i have no bed and im not paying any bills that the police could come any momment and take me off the property is this true? because from my knowledge you would have to get a court order in order to invict some one from the house hold because they have proof that they have been living there as well as dont they give an option to pay a certain amount until you the day of the inviction as well they give you 3 days or so to pay it off ?

Expert:  socrateaser replied 1 year ago.
okay my father is very hard on and as well he told me that since i have no bed and im not paying any bills that the police could come any momment and take me off the property is this true?

A: Law enforcement rarely throws people out as trespassers, where there is any credible evidence of permanent residence. If your mail is received at the address, and for example, your drivers license shows that address, the police/sheriff will not remove you.

because from my knowledge you would have to get a court order in order to invict some one from the house hold because they have proof that they have been living there as well as dont they give an option to pay a certain amount until you the day of the inviction as well they give you 3 days or so to pay it off ?

A: A court order is generally required. However, if you do not have a lease agreement to pay a specific rental amount, then the court cannot order you to pay anything in order to remain in the property. The court must simply hold a hearing and decide whether you are a tenant at will, whose tenancy has been terminated by the landlord. If yes, then the court will issue a writ of possession, and the sheriff can then remove you from the premises.

Does this make sense?

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34644
Experience: Retired (mostly)
socrateaser and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

yes thank you as well i dont have a driver license but i do have a student id with my address and proof of mail will that work the same way so that the police could not remove me from.the property?

Expert:  socrateaser replied 1 year ago.
I believe that a student ID would be sufficient. You may want to get an ID from the Florida DMV -- that would help, too.

Hope this helps.
Customer: replied 1 year ago.

thank u so much

Expert:  socrateaser replied 1 year ago.
You're welcome and good luck!

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socrateaser
socrateaser
Family Lawyer
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Retired (mostly)