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: 35773
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 moved in with my daughter as I have no where to go Senior

Customer Question

I moved in with my daughter as I have no where to go Senior who lost my job etc. I am not a tenant but my son in law wants to evict me. I want to leave but can't in 30 days. I need 3 months to save money. I have no money to pay deposits and have no credit. I am in Florida my belongings are in storage in North Carolina. I have no way to get back there. If he wants me gone shouldn't they pay for me to move or at least give me 3-6 months to save money.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I am sorry to hear about your situation..

.

Does daughter agree with giving you the 30 day notice or was this just son in law's idea?

.

Is there some reason why you feel that they should pay you to leave their home?

.

Is there any type of written tenancy agreement?

.

Do you pay them any rent?

.

.

thanks

Barrister

Customer: replied 8 months ago.
There is no lease agreement. It was to help me in return for babysitting. They took advantage of me and after 7 months told them it was enough. I got a job and paid them 500.00 a month until I got sick. Had major surgery 7/18 and have no income right now. I want to leave but need sometime to save money. I spent every dime I could get my hands on to come here with the promise they would never do this to me.
Customer: replied 8 months ago.
My daughter convinced me to come here so she could help me as I get older. I am 68. I'm not supposed to work for six weeks. Have just started driving again. A friend got me out a few days ago so now the think I can just go. There is no financial advantage for them now so they want me out. They have been cruel to me but I have no means to leave right now.
Expert:  barristerinky replied 8 months ago.

Ok, I hate to say it, but if they are both together on this, then they can move to evict you after the 30 day notice expires. Legally if you are living there then you are their tenant under a month to month oral tenancy agreement and they are both your landlords. They can legally terminate your tenancy in FL with only a 15 day written notice, but if they gave you a 30 day, they have to honor it.

.

If you were unable to move within that 30 days, then they would have to file a formal eviction action in court to get a judgment of eviction and a writ of possession that the sheriff would execute to force you to vacate. That takes about another 3-4 weeks depending on the court's and sheriff's schedules.

.

It seems like a lousy thing to do, but legally they can do so.

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

Customer: replied 8 months ago.
I am not a tenant. They moved me here.
Expert:  barristerinky replied 8 months ago.

I don't mean to be argumentative, but legally you are a tenant. They are tenants to their landlord and you are a tenant to them since they are in legal possession of the property and had you come to live with them.

.

Did you have any further questions I can help with?

.

I am sorry that the news isn't better, but I can only relate the law as it stands, not change it..

.

.

thanks

Barrister

Customer: replied 8 months ago.
Can they keep my belongings. They wanted to use my formal dining room furniture and my bedroom furniture and tv is here. I gave no means to move me or my belongings.
Customer: replied 8 months ago.
Have
Expert:  barristerinky replied 8 months ago.

If they evicted you, then the sheriff would supervise your removal and the removal of all of your personal property to the nearest public area, meaning the curb. So they would have to physically take your property and put it out on the curb if they actually went through with a formal eviction.

.

Once it is on the curb, it is considered abandoned and the first person to claim it becomes the legal owner.

.

.

Barrister

Related Landlord-Tenant Questions