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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33247
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have a frined I let stay with me while she recovered from

Customer Question

I have a frined I let stay with me while she recovered from surgery. We have not been able to get along. She has been here for 6 months she has only given 150 dollars she has not paid any rent. no utilities and only buys food for her. I have asked her to leave repeatedly she says she can do what she pleases and she is moving when she does. She tells me she will call the police that she does not have to go until she does it. I need some advice on what to do I live in Florida.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Is there any agreement for her to pay you a set amount of rent each month?.Have you given her any type of written notice to terminate her tenancy?..thanksBarrister
Customer: replied 6 months ago.
I have a lease but she does not. My landlord agreed to let her stay here to recover. I have not given her a typed notice of any kind. I told her I was and she has said she will not sign anything and if I remove her things from my house that she will call the police.There was never any agreement for rent as I told her she could recover from surgery in October of last year and then she could find a place to live with in 6 months. She has begun to say awful things to me and demean me in my home. I have had enough of her just doing as she pleases when I have rules that I have told her about. Its awful.
Expert:  Barrister replied 6 months ago.
At this point, she is legally your tenant under an oral month to month tenancy and you are her landlord. You can terminate her tenancy with a 15 day written notice to terminate and then file a formal eviction action in court if she doesn't move out within that notice period..After the 15 days have run, they have to go to court to file a complaint for eviction. The clerk will then issue a summons and the tenant has 5 days to respond. If tenant doesn’t respond, the landlord can get a default judgment. If tenants respond, a hearing is scheduled for some later date. After the hearing or default judgment, if the landlord wins, he can get a writ of possession which would allow him to have the sheriff put the tenant out 24 hours later..So unfortunately, you have to follow the law here just like any landlord and go through the court if she won't move out voluntarily..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister

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