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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33911
Experience:  12+ yrs. of experience including real estate law.
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Ejection question. My boyfriend and I have lived in s

Customer Question

Customer: Ejection question. My boyfriend and I have lived in his parents FL condo for over 15 years. No lease or verbal rental agreement. My boyfriend pays for the utilities and some expenses on the condo. His parents for the last 15 or so years were always seasonal visitors (1-2 weeks stay) with us at condo. They are NY residents. Then they decided to live in FL at the condo we are staying in and wants us to move out. My boyfriend and I are low income earners and have asked his parents to give us more time to move out and made arrangements with them which they verbally agreed on but now they reneged on that agreement and affected our moving plans and they decided to file for ejection. We were served the summons and had 20 days to respond which we did . We responded on the deadline 12/21/15. The way my boyfriend and I understand it is, since we responded to the summons, we will be getting a scheduled hearing from the court for a judge to make a decision regarding when we are suppose to move out of the condo. The parents have the impression that we are supposed to be out of the condo by 12/22/15. They are thinking of moving down permanently by the end of this month at the condo we are staying at. Now we are confused. Don't we have until after the judge's decision to move out? Can the parents stay in the same place at the condo with us even while this ejection case is still pending? Thank you.
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, did they give you notice, in writing, BEFORE filing the court case ?

Customer: replied 1 year ago.
They claim to have sent a letter through their lawyer back in June asking us to vacate but we never received it. The first time we saw it was via a copy included in the summons. No other requests have been made.
Expert:  P. Simmons replied 1 year ago.


FL law requires they provide you notice, in writing, and at least 30 days before they can evict you.

IF they never gave you written notice? That can be a defense to the current case

You can stay in the home until the court orders eviction.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
As asked earlier, are they allowed to "move in" while we are still living there? Granted, they are the owners of the property but if they filed a lawsuit to have us removed and they move in while we are still there, wouldn't that fall under some sort of harassment or intimidation?
Expert:  P. Simmons replied 1 year ago.

If the original agreement was that you had the place to yourselves? They can not move back in.

If they were living there and moved out while you were in the home? They can move back.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.