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LawHelpNow
LawHelpNow, Attorney/Lawyer
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I am a home owner. I rent a room in my home to a friend who

Customer Question

I am a home owner. I rent a room in my home to a friend who is a month behind on rent. We have a verbal rental agreement. But the real problem is his girlfriend. I don't want her there but she has moved in about 3 months ago with her dog. I asked her to leave but she says I have to evict her. I posted a notice 3 days ago that she needed to vacate the premisis in 24 hours but she did not. I picked up an eviction packet form Orange county but all the forms imply that I am evicting a tenent, not a squatter. I have no agreement with her to live in my house. I have not told anyone else that she can live there. I have not accepted any money or item in exchange for her being there. I want her out. She is sue-happy, argumentative, lets her dog pee on things and invades my privacy.
Submitted: 4 years ago.
Category: Legal
Expert:  lwpat replied 4 years ago.

Since she has been allowed to live there she now has the rights of a tenant. since he is behind on rent you need to give both of them the three day pay or quit notice and it should be by someone besides you or your girlfriend so you can file a certificate of service with the court. At the same time give them both a 30 day notice to vacate. Here is an excellent site on the eviction process

 

http://rhol.org/csu/evictions/Florida/FloridaSteps.htm

 

Customer: replied 4 years ago.
Not sure if you got my reply...regarding already having this info. Uncomforatble using paperwork that calls her a tennant that is breaking a lease when she is not a tenent and has no lease.
Expert:  lwpat replied 4 years ago.
You can go to the police and try to have her removed as a trespasser but since you rent to the other party and he has allowed her to stay you have a problem and they will most likely tell you that she has to be evicrted.
Customer: replied 4 years ago.
Just spoke with legal aid they too said try getting the police to remove her. LA said wse may have some ground because the home owner also lives in the home...Its worth a try before we starta process that could cost at lease 500 bucks to file to evict both of them
Expert:  lwpat replied 4 years ago.
You can try but in the past the police routinely will not get involved.
Customer: replied 4 years ago.

Ok...this is from the form I was given to "officially" notify her that I want her out. This is what the form says...

" You are hereby notified that you are not complying with your Lease in that_____________. Demand is hereby made that you remedy the Noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated.....

 

Is there a risk to calling her a tenant (form has line on which her name should be entered called "Tenant's Name") and implying she has a lease???

 

How would you complete the blank in the form as I typed it above??

 

Expert:  lwpat replied 4 years ago.
You can always go to the police first. However, I would do the three days and 30 days notice as I suggested. The above form does not apply in your case.
Customer: replied 4 years ago.
Ok...sorry I click-off the site accedentally and had to find my way back. so I went to the website you refer to...the form for 3 day and 30 day refer to TENANTS and LEASES and unpaid RENT...does that really apply to me? She doesn't have a lease, not a tenant and doesn't owe rent...I just want this Unoauthorized person off my property.
Customer: replied 4 years ago.
sorry no additional just waiting on Wayne to reply...
Expert:  LawHelpNow replied 4 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with landlord-tenant law experience. I will be glad to try and answer your question seeing another legal expert has chosen to opt out. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. Frankly, before going to the cost and bother of initiating a civil action, I would definitely go to your local law enforcement first. Florida law defines a tenant as: "...any person entitled to occupy a dwelling unit under a rental agreement." Florida Statutes § 83.43. [emphasis added in italics]. Based on what you have related, this woman has no lawful standing to remain in your premises
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 4 years ago.

Ok...I should have refreshed my screen...I did not realize that you had responded to my Just waiting...I sent off another reply. They told us we were moveing out Saterday...if they don't we will call the police with your Definition in hand on Tuesday to further asert our serious stand on this matter with the tenant and his unwelcome "guest".

If you could respond to my last note...regarding forms htat are specific to riding my home of a "sub-tenant or what ever she calls hereself. the paperwork I have only referes to Tenants...which I con't want to call her...

 

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