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 TexLaw Your Own Question
TexLaw , Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

my daughter and her husband live in a house owned by me only

Customer Question

my daughter and her husband live in a house owned by me only in florida.they have no lease or contract with me and live there rent free.the neighbors have contacted me several times stating that my daughter/husband have constantly kept them awake due to loud arguing at numerous times around 3am .the fighting continues ffom the house into the yard as to where the neighbors come outside fearing someone was being hurt.the police have been called 20 times. the neighbors are having a meeting to have me sued or prosecuted. what is my exposure. i have brought this to my daughters attention sher says it will stop -but yet it continues. what are my rights and legal exposure this has been going on for 1 year. my duudhter has lived here for over 10 years rent free no conttact or lease
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.

Thank you for your question.

You, as the owner of the house, are liable for conditions on the property which act as a nuisance. A nuisance is where a condition on your property causes a neighbor to not be able to use or enjoy their property. This would be the likely claim that would be made against you by the neighbors regarding this matter.

Noise issuing from your property which disturbs the neighbors could be held to be a nuisance. Your liability will be based on how much you knew about the problem and whether you had any ability to fix it. As the owner of the property, you can demand that your daughter and her husband behave or face removal from the property. Because you have not taken this action, then you do in fact face exposure to the lawsuit.

The measure of damages, or your liability, will be determined by whether in fact the neighbor's ability to enjoy their property has been decreased. This could result in an injunction being issued against you, or an award for the reduction in value to the property because of the noise issues.

Further, you could be exposed to a nuisance abatement order from the municipal government if the police find that your daughter and husband are violating noise ordinances or are breaching the police. You as the land owner are ultimately responsible for the continued violations.
Customer: replied 3 years ago.

what removal process would i use eviction or ejectment pllease explain process

Expert:  TexLaw replied 3 years ago.
You will want to use the summary eviction process because it is much easier and much less expensive than the ejection or partition procedures.

To start the summary eviction proceedings, you need to send a Notice to Vacate. Because you have no agreement, and she does not pay rent, then your safest bet is to give a 15 day notice to them. The notice needs to state that you are terminating their right to reside in the house and are giving them notice to vacate the premises completely within 15 days. If they do not vacate, you will initiate evictions proceedings. You should either hand deliver this letter to them personally, or send it by certified mail.

Then after 15 days, if they have not left, you file the following claim with the county court:

You will need to retype this form and take out 3 and 4, and replace them with a statement that the lease was from month to month and that you have decided to terminate the lease, have provided the required statutory notice, and that they have illegal held over, and thus you seek an order of eviction.

The filing fee is $98.00 (more or less depending on your county).

Once you have filed, the court will set you a hearing date within a matter of days. You must attend the hearing and explain to the judge the facts (month to month unwritten tenancy, you are terminating, sent notice and they did not leave).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,

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... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...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
< Previous | 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



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

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

Related Legal Questions