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my daughter took a roomate in that are illegal residents.refused

 

Customer Question

my daughter took a roomate in that are illegal residents.refused to move out in my house and refused to pay rent.no lease agreement from me or my daughte that is now in WA. state from florida where my townhouse is.please advice.they need to be send back to there island.

 

Optional Information:
State/Country relating to question: Florida

Already Tried:
i hired a property manager to get them to sign a lease /agreement or something but refused to have a credit check or anything related to it. they said they have been in my house for 6months and they should not need to any of this.i know they are not who they present to be. stays home and work at home they said. no friends.they refused to show ID

Submitted: 355 days and 14 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED

Accepted Answer

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Expert:  Legalease replied355 days and 14 hours ago.

Hello there.

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You have to send them a "Notice to Quit for NonPayment of Rent" -- the notice states that they must pay all back rent that they owe you or leave the property in 3 days time. When they do not pay rent or leave in three days then you must have the property manager go to the local district court and take out eviction proceedings/paperwork on them (the district court has all the forms for this at the clerk's office). It does not matter that they do not have identification -- you can use the names that you were given by them on the court paperwork -- just so long as you name all of the adults that are living there at the house. The matter will take 2-3 weeks to get into court on a court date and the property manager can go to court on your behalf and ask that they be ordered by the court to move. The court will give them 7-10 days to move and then if they do not move the property manager must call the local county sheriff and the sheriff will come with all of his officers and evict them and all of their belongings from the house and will change the locks so that they cannot try to move back into the townhouse again. After that your property manager should keep an eye on the property and if anyone is trying to stay there, then the property manager should call the police and they will be removed as trespassers. The current people living there cannot be removed as trespassers because your daughter let them stay there and they never left and so they now have to be evicted as tenants who have stayed and not paid rent -- and the ONLY way that you can do that legally is through the courts. You cannot change locks and throw them out because then they can sue you for monetary damages for not following the proper eviction law. If you do not want to do this yourself or have the property manager do it, then you are going to have to hire an attorney located in that county in Florida and the attorney can prepare the Notice to Quit letter and then sign the matter up in eviction court -- you can find an attorney in that area by contacting the local county bar association and asking for a referral to an attorney in that county in Florida.

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MARY

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Please let me know if you have any further questions.

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PLEASE PRESS THE THIRD or FOURTH or FIFTH smile face below to rate and pay me for my time. THANK YOU

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Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 99.3 %
Accepts: 2384
Answered: 6/29/2012

Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues

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