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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4071
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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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: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

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 1 year ago.


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

Expert:  TexLaw replied 1 year 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: http://rhol.com/csu/evictions/Florida/FL%20Complaint.PDF.

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,
ZDN

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