How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask barristerinky Your Own Question
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35335
Experience:  Attorney over 16 years, landlord 26 years
19958803
Type Your Landlord-Tenant Question Here...
barristerinky is online now
A new question is answered every 9 seconds

I live in Homestead Fl My girlfriend/Fiancee just up and

Customer Question

I live in Homestead Fl My girlfriend/Fiancee just up and left more than 2 weeks ago and has given no indication when or if she is coming back. I am a renter and its only my name on the lease, She has not contributed a cent to the rent/household. What are the laws regarding evicting her belongings?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Can you tell me how long she lived with you?

.

Did she move in with you after you were already living there?

.

.

thanks

Barrister

Customer: replied 1 year ago.
we moved here together in November
Customer: replied 1 year ago.
We lived here previously in another place for 6 months
Expert:  barristerinky replied 1 year ago.

Ok, if you are the only one on the lease, then legally she is your tenant and you are her landlord. Since she has lived with you longer than just a brief period, she would legally be considered a month to month tenant under an oral tenancy agreement. This is the case even if she pays nothing..

.

In FL, a landlord can terminate a month to month tenancy with a 15 day written notice stating the date on which the tenancy will end. So you can post a 15 day notice on the front door of the place addressed to her stating that you are terminating her tenancy and she has 15 days to vacate.

.

If she doesn't come back and move out all her stuff within that 15 days, then you can file a formal eviction action in court and get a judgment and a writ that the sheriff can execute so as to allow you to put all her stuff out on the curb. Don't count the date that you post the notice as you start the day after posting as Day 1.

.

You don't want to throw her stuff out without going through a formal eviction because that would give her grounds to sue you and judges don't take it very easy on someone who engages in "self help" eviction actions.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Customer: replied 1 year ago.
post on the door? shes not here to see it! do i advise her via text?
Customer: replied 1 year ago.
Shes in TX
Expert:  barristerinky replied 1 year ago.

Yes, on the door. You have to either hand her a piece of paper, which is hard if she isn't there.... or post it conspicuously on the door to the property and then take a picture of it.

.

I would probably text her that you have posted the notice and will be proceeding to an eviction after 15 days if she doesn't come get her stuff so you can dispose of it.

.

.

thanks

Barrister

Customer: replied 1 year ago.
But i still have to file in court? which court?
Expert:  barristerinky replied 1 year ago.

Yes, if she doesn't come get her stuff within that 15 days..

.

You file in the County Civil Division and the clerk will have the summons and complaint forms you need to file to start the case. The clerk will then issue a summons and the tenant has 5 days to respond. If tenant doesn’t respond, you can get a default judgment. If tenants respond, a hearing is scheduled for some later date. After the hearing or default judgment, you can get a writ of possession which would allow you to have the sheriff put the tenant and/or their property out 24 hours later.

.

.

thanks

Barrister

Customer: replied 1 year ago.
she wont respond because she wont be here to get the notice. Still ok?
Customer: replied 1 year ago.
Do I have to sue for my engagement ring back?
Expert:  barristerinky replied 1 year ago.

Yes, you just have to post the notice under the law and keep a copy. It doesn't matter that she won't be there to get it.

.

And yes, if you have broken off any engagement and she refuses to return the ring, then you have to sue her civilly in court in a different case to get it back. If it was under $5,000 you can sue her in small claims court. If over, you have to hire an attorney and sue in a higher court..

.

.

thanks

Barrister

Customer: replied 1 year ago.
What does it cost to file? and can I lock her out?
Expert:  barristerinky replied 1 year ago.

Each county charges differently, so you would need to call the local court clerk to find out exactly what it costs. But it is around $200 for a Complaint for Eviction and Damages and you get that awarded back to you.

.

And no, you can't lock her out as that would be an illegal eviction and could get you sued. As I mentioned earlier, you have to pursue a legal eviction in order to be able to remove her from the property and prevent her from coming back.

,

,

thanks

Barrister

Customer: replied 1 year ago.
Thank you
Expert:  barristerinky replied 1 year ago.

You are very welcome. Glad to help any time..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister