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For a Florida Lawyer: I leased a mobile home for my sons

For a Florida Lawyer:...
For a Florida Lawyer: I leased a mobile home for my son's benefit with his verbal agreement that he'd pay the lease. He made one payment in February. I have had to make all other payments. How do I get him out?
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5/18/2013
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 28,694
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Would you mind sharing with me when the lease expires?
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Customer reply replied 4 years ago
Lease expires end of December, 2013. Thank you for your help.
Customer reply replied 4 years ago
PS - When lease expires, I am confident, Occupant will not move, leaving me with double rent provision in lease (for holdover status). That is why I want him out asap. Plus, he is not paying rent as he (verbally) promised me. Thanks again. Judith o'Donnell
Customer reply replied 4 years ago
PS. I need to get Occupant out soon because he won't leave at end of lease and I'll be liable for holdover (double) rent). Tnx. Judith O'Donnell
Thank you for the additional information. With your son being listed on the lease as an occupant, he does have a legal right to stay. As long as you continue to pay the rent each money on his behalf, the landlord is not going to take any action against him for eviction, unless he fails to comply with a term or condition contained in the lease. However, you did have a verbal agreement with him, so one of the things which you may want to consider doing, is filing a civil lawsuit against him for breaching the agreement. One of the reasons why it may be best to sue him for monetary damages, is because even if you are able to evict him, you will still have to pay the lease until it expires in December. As such, you will be out of pocket all the money you paid, on his behalf, for the past 11 months. You should try and recover that. Right now, you reside in New Jersey, so any cause of action would likely need to be filed in a Florida court, in Pinellas county since that is where the subject property is located and where he resides. If you wanted him out, you would have to try and evict him, which may be hard to do, since you 1) do not live in the subject property and 2) are out of State. You would need to retain a Florida attorney, unless you would be willing to commute down for the hearings. You would need to show that you have legal "standing" to bring this claim forward. In addition, the issue gets hazy where you do not reside there and are not the landlord. This is an issue where you signed the lease and guaranteed for him, to the landlord, payment each month for the rent. Had you owned or lived in the subject property and he was failing to comply with the lease agreement, then you could try and evict or eject him. It would be a landlord/tenant issue. Here, it is an issue of him failing to comply with the verbal agreement you had with him, based upon help you provided, leasing the mobile home for him. You can try and speak with the landlord and see if he would allow you to terminate the lease agreement early, with or without a penalty, which would require that your son leave at that time or if they will not agree, try to go before the Judge and ask that the eviction be ordered based upon his failure to pay the rent as agreed between you and him. Any eviction would have to be ordered by the Judge, in this case. If the lease expires and he still remains, then the landlord would likely start the eviction process, to obtain the property back, at that point. The issue with him holding over, is something that the landlord made you aware of when you signed the lease, so something that you would unfortunately be responsible for as well.

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Customer reply replied 4 years ago
I am willing to pay to the end of the lease. I just want to know if I can evict him, as an authorized occupant. He has no money and will default in any action, so damages is out, but an eviction will be ok. Can I, as a tenant, sue to evict an authorized occupant?PS--I am willing to be evicted myself, will that get Occupant out?
Customer reply replied 4 years ago
See below: I am willing to be evicted myself (I'll pay the damages) but will that get the Occupant out?
It is unlikely that you will be able to evict, since there is no landlord/tenant relationship. What you have with your son is an verbal agreement that he would pay the lease on his own, if you were to sign on the lease. You did him a favor and it appears he has no intent of complying with the agreement. As I stated above, he is an occupant, so has a legal right to be present and the rent is being pay, so the landlord/owner is not going to get involved. If you were to try and evict him and went before the Judge, the Judge is going to want to know the legal basis for which he should be evicted. While I know you would explain to the Judge that he promised to pay the rent and has failed to do so, that is more of a cause of action focused on and the recover of monetary damages. The Judge may not be inclined to order he vacate, since he has technically complied with the lease agreement. If you are willing to be evicted yourself, you would simply fail to rent the next months rent and the obligation to obtain the eviction would then fall on the landlord. If your son failed to leave, the sheriff would phsycially remove him.
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Customer reply replied 4 years ago
If I am evicted, will that evict Occupant as well?
Yes, the landlord will have to obtain an eviction order on both you and him. Once the landlord serves him with the eviction notice and order, signed by the Judge, he will be required to vacate. If he does not, the landlord will go back to court and obtain an order for the Sheriff to remove him and his belongings.
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Customer reply replied 4 years ago
That seems to be the route to go then. Will landlord need to name both of us as defendants?
Yes, the landlord will, since you both are on the lease and you will be served with notice. He will name you and your son.
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