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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37066
Experience:  Attorney over 16 years, landlord 26 years
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Can a landlord demand that I vacate in 10 minutes without

Customer Question

Can a landlord demand that I vacate in 10 minutes without any notice or warning ? I have a rental agreement and I rent a bedroom out of her home.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No I was perfect, except for when the cleaner called the police on me because she claims she saw me naked when I went to the bathroom which was right adjacent to my bedroom. The police came out and said I did nothing wrong. My rent was always paid and I thought I was a great tenant
JA: Anything else you want the lawyer to know before I connect you?
Customer: I called the police the day after I vacated because I thought about it more. The police said what she did was illegal
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 7 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.

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Can a landlord demand that I vacate in 10 minutes without any notice or warning ?

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No, absolutely not. You can simply refuse and if the landlord tried to force you out, you can call the police and they will come and inform the landlord that they can't evict you without a judgment of eviction from the court.

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With that said, if the landlord told you to leave and you did, then that is considered "voluntary" on your part. But you had no legal duty to do so and could have refused and stayed. You had the right to refuse, but it is up to you to exercise your rights to force the landlord to pursue a formal eviction if they want you out and have legal grounds to evict.

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thanks

Barrister

Customer: replied 7 months ago.
Since I was ignorant to that fact, can I pursue action against her in court ?
Customer: replied 7 months ago.
I spoke to the police and they said I can go to small claims court for " self help " eviction defense.
Expert:  barristerinky replied 7 months ago.

Unfortunately, the old saying "ignorance of the law is not an excuse" kind of comes into play here because basically the landlord bluffed you into agreeing to move out rather than standing your ground and refusing to move.

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You could try to sue for an illegal eviction, but the judge may very well just ask you why you agreed to move out and just didn't tell the landlord "no". Saying that you didn't realize that you could refuse wouldn't override your actions in moving out on your own. If the landlord had thrown out out property and locked you out, that would be completely different.

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And the police tend to be pretty ignorant about the actual law outside writing criminal citations..

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But there is nothing that would prevent you from trying to sue the landlord in small claims court, I just wouldn't get my hopes up.

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thanks

Barrister

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