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 LegalKnowledge Your Own Question

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16507
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
9540344
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

For a Florida Lawyer: I leased a mobile home for my sons

Resolved Question:

For a Florida Lawyer: I leased a mobile home for my son's benefit with his verbal agreement that he'd pay the lease. He made one payment in February. I have had to make all other payments. How do I get him out?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Would you mind sharing with me when the lease expires?
Customer: replied 1 year ago.
Lease expires end of December, 2013. Thank you for your help.
Customer: replied 1 year ago.
PS - When lease expires, I am confident, Occupant will not move, leaving me with double rent provision in lease (for holdover status). That is why I want him out asap. Plus, he is not paying rent as he (verbally) promised me. Thanks again. Judith o'Donnell
Customer: replied 1 year ago.
PS. I need to get Occupant out soon because he won't leave at end of lease and I'll be liable for holdover (double) rent). Tnx. Judith O'Donnell
Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. With your son being listed on the lease as an occupant, he does have a legal right to stay. As long as you continue to pay the rent each money on his behalf, the landlord is not going to take any action against him for eviction, unless he fails to comply with a term or condition contained in the lease. However, you did have a verbal agreement with him, so one of the things which you may want to consider doing, is filing a civil lawsuit against him for breaching the agreement. One of the reasons why it may be best to sue him for monetary damages, is because even if you are able to evict him, you will still have to pay the lease until it expires in December. As such, you will be out of pocket all the money you paid, on his behalf, for the past 11 months. You should try and recover that. Right now, you reside in New Jersey, so any cause of action would likely need to be filed in a Florida court, in Pinellas county since that is where the subject property is located and where he resides. If you wanted him out, you would have to try and evict him, which may be hard to do, since you 1) do not live in the subject property and 2) are out of State. You would need to retain a Florida attorney, unless you would be willing to commute down for the hearings. You would need to show that you have legal "standing" to bring this claim forward. In addition, the issue gets hazy where you do not reside there and are not the landlord. This is an issue where you signed the lease and guaranteed for him, to the landlord, payment each month for the rent. Had you owned or lived in the subject property and he was failing to comply with the lease agreement, then you could try and evict or eject him. It would be a landlord/tenant issue. Here, it is an issue of him failing to comply with the verbal agreement you had with him, based upon help you provided, leasing the mobile home for him. You can try and speak with the landlord and see if he would allow you to terminate the lease agreement early, with or without a penalty, which would require that your son leave at that time or if they will not agree, try to go before the Judge and ask that the eviction be ordered based upon his failure to pay the rent as agreed between you and him. Any eviction would have to be ordered by the Judge, in this case. If the lease expires and he still remains, then the landlord would likely start the eviction process, to obtain the property back, at that point. The issue with him holding over, is something that the landlord made you aware of when you signed the lease, so something that you would unfortunately be responsible for as well.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.
I am willing to pay to the end of the lease. I just want to know if I can evict him, as an authorized occupant. He has no money and will default in any action, so damages is out, but an eviction will be ok. Can I, as a tenant, sue to evict an authorized occupant?PS--I am willing to be evicted myself, will that get Occupant out?
Customer: replied 1 year ago.
See below: I am willing to be evicted myself (I'll pay the damages) but will that get the Occupant out?
Expert:  LegalKnowledge replied 1 year ago.
It is unlikely that you will be able to evict, since there is no landlord/tenant relationship. What you have with your son is an verbal agreement that he would pay the lease on his own, if you were to sign on the lease. You did him a favor and it appears he has no intent of complying with the agreement. As I stated above, he is an occupant, so has a legal right to be present and the rent is being pay, so the landlord/owner is not going to get involved. If you were to try and evict him and went before the Judge, the Judge is going to want to know the legal basis for which he should be evicted. While I know you would explain to the Judge that he promised to pay the rent and has failed to do so, that is more of a cause of action focused on and the recover of monetary damages. The Judge may not be inclined to order he vacate, since he has technically complied with the lease agreement. If you are willing to be evicted yourself, you would simply fail to rent the next months rent and the obligation to obtain the eviction would then fall on the landlord. If your son failed to leave, the sheriff would phsycially remove him.
Customer: replied 1 year ago.
If I am evicted, will that evict Occupant as well?
Expert:  LegalKnowledge replied 1 year ago.
Yes, the landlord will have to obtain an eviction order on both you and him. Once the landlord serves him with the eviction notice and order, signed by the Judge, he will be required to vacate. If he does not, the landlord will go back to court and obtain an order for the Sheriff to remove him and his belongings.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16507
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
That seems to be the route to go then. Will landlord need to name both of us as defendants?
Expert:  LegalKnowledge replied 1 year ago.
Yes, the landlord will, since you both are on the lease and you will be served with notice. He will name you and your son.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.