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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Due to some recent financial setbacks, my mother, my sister,

Customer Question

Due to some recent financial setbacks, my mother, my sister, and I (no minors) are currently living in a house that my grandmother and my live-in uncle lease. Previously, my mother and sister were there once and a domestic dispute occured. The landlord (and her husband), mentioned that they are *not allowed* in the home anymore "no daughters, relatives, etc." - I guess in fear that she does not want anymore "domestic disturbances" occuring in her property that she searches upon. Apparently, she works "under a judge" and searches/spies on what occurs on her property. Just the other day, I did a court-ordered Baker Act on my mother, and my grandmother and uncle "freaked out" saying that everyone is going to get kicked out. However, my mother is receiving mental/behavioral treatment at the crisis center and will be getting after-treament as well, this also includes my sister who is presenting seeking doctors. I briefty spoke to the Director of the inpatient crisis center stating that "my mother can not be on the streets while receiving treatment."
To add further, the landlord just recently said before the Baker Act event occured that she plans on selling the property. Also, my uncle does repairs throughout the building and gets paid either through the form of payment or, usually, a deduction in rent -- however, the husband of the landlord stated that they "were not going to pay him" just this week.1) Can the landlord kick out people who are receiving much needed treatment who have nowhere else to go just because she "owns" the property? Is there legal action one can take to prevent this?2) If my uncle wants to, should he take her to Small Claims Court with the appropriate evidence and "detail accounts of materials and work" he has done to sue the landlord?3) What other illegalities do you also see in this case I should take? Much needed detailed advise would help. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney2 replied 1 year ago.

Welcome and thank you for your question. I will be the Attorney that will be assisting you.

Customer: replied 1 year ago.
This house is in the Little Havana area of Miami, Florida.
Expert:  Attorney2 replied 1 year ago.

1) Can the landlord kick out people who are receiving much needed treatment who have nowhere else to go just because she "owns" the property? Is there legal action one can take to prevent this? We need to see the terms of the lease. As a general rule domestic issues are grounds for automatic removal of a tenant.

2) If my uncle wants to, should he take her to Small Claims Court with the appropriate evidence and "detail accounts of materials and work" he has done to sue the landlord? I am not sure I understand what the small claims action against the landlord is in this case. Can you explain a little more?

3) What other illegalities do you also see in this case I should take? Much needed detailed advise would help. Thank you. Again we need to see the lease to what the landlord and tenants rights and obligations are under the lease.

Can you attach the lease?

Customer: replied 1 year ago.
It is not my lease. We all are a "live-in" at the moment. The lease only has my grandmother and uncle listed.If the Director of the crisis center states that she can't be "kicked out to the streets while receiving treatment" where else can she go? What else can should we do if the landlord decides that they/we should no longer be there?
Customer: replied 1 year ago.
my uncle does work throughout the house because the house is old, and the landlord is "cheap".
Customer: replied 1 year ago.
They have (or had in this case) an agreement that whatever things that need to be fixed or bought to improve the foundation would be discounted off from the monthly rent.
Expert:  Attorney2 replied 1 year ago.

The landlord is not required permit anyone that is not a named occupant on the lease. If there was a domestic disturbance between your mother and sister who are not on the lease the landlord has no duty nor do they a right to remain on the premises. Again seeing what the lease says would be helpful.

Now I am confused because you stated the landlord already stated the mother and sister were not allowed to reside in the property based on the domestic issue. Did the mother and sister return to the property and continue living there after the landlord said no?

As far as the uncle are you asking if he is entitled to a lease reduction based on the work he performs in the house? Is that stated in the lease? If not can he prove a legal agreement?

Customer: replied 1 year ago.
they went back (behind her word) because they had nowhere else to go and that is her mother. Technically, it was also in a different residence of the house - the house is much like a "duplex" but split in 3, so 3 different occupants lease the 3 areas of the house. When the landlord decides to sell the house, she will be "releaving" 3 leasing tenants.As far as my uncle goes, I am not sure. It is al hersay; I think it was just a verbal agreement, and, without physical proof, he might be the one that is "screwed" in this case.
Customer: replied 1 year ago.
Again, this is a a very "scummy" privately-owned landlord, like a lot of privately-owned owners in Miami
Expert:  Attorney2 replied 1 year ago.

Unfortunately your mom is not a tenant or occupant on the lease. Is the landlord now threatening that she needs to leave again? You can report the landlord to the health department if their issues with the habitability of the rental space. Actually the named tenants on the lease can file that complaint.

Was your mom the abuser or the abused? The director of the crises center may not understand that your mom is neither a tenant or an occupant and has no legal right to be on the premises.

Customer: replied 1 year ago.
The landlord is not *yet* threatening, however my grandmother and uncle *stressed* that she will "do something", I guess eviction, if she hears or is aware of them living in there again. However, it is known recently that she plans on selling the home. Would it be possible that she would go through an eviction process while she is planning on selling the property?
Expert:  Attorney2 replied 1 year ago.

They have every reason to be concerned as you mom is not a tenant or a legal occupant. The landlord would have every right to go through the eviction process even while the property is for sale. Was your mom the abuser or the victim of abuse?