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My boyfriend moved in with me - no lease agreement, and now…

My boyfriend moved in...

My boyfriend moved in with me - no lease agreement, and now we are breaking up and I want him out of my home. What is the procedure?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease was in place

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, but I had asked he vacate by 10/1/2017

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Answered in 2 minutes by:
8/15/2017
Gerald-Esquire
Gerald-Esquire, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,241
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 10 months ago
Thank you

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The lack of written agreement is not an issue. When there is no written lease agreement the person becomes a Month to Month tenant. You must give them a 30 day written Notice. If they refuse to leave you must go through the legal eviction process. But if they do leave change your locks so that they do not reenter.

Generally law enforcement will not remove a person who is receiving mail at an address unless you have a Court Ordererd eviction. In most instances you will not have to resort to the full eviction process BUT if you do this means you need to file a summons and complaint at the magisterial court to have him removed. Unfortunately, the law treats you as a landlord.

Here are the steps as described by a local Florida Court:

"Guidelines for Florida Residential Eviction

Please note: This information and forms are applicable for residential evictions only

Chapter 83 of Florida Statutes provides the steps to follow in an eviction case. The following information is to assist you with what documents must be filed and the costs involved in a simple eviction case.

The filing fee, payable to the Clerk of Court, in Manatee County is $98.00, other counties may vary. Payment may be in the form of cash or personal check with proper identification.

RHOL includes the basic forms necessary for evictions for non-payment of rent. This short summary of the legal procedure is targeted toward regaining possession of your property. It does not address the payment or recovery of back rent and damages owed to you.

Step One: Prepare and Serve Three-Day Notice.

Before filing a Complaint to recover possession, a landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. After the expiration time on the service of the Three-Day Notice you may proceed with filing the Complaint for Eviction. (Remember how we count the days.)

Step Two: Complaint & Summons

Prepare Complaint: The landlord shall file the original Complaint and sufficient copies of the Complaint for each tenant with the Clerk. The Court must also receive a copy of the Three-Day Notice and a copy of the lease, if one exists. You must also attach a copy of the notice and lease to each copy of the Complaint. The Complaint must be signed in the presence of a deputy clerk or must be notarized by a notary public.

Issuance of Summons: After the Complaint is filed and the fee paid, the Clerk will issue an Eviction Summons/Residential. A copy of the Complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. The Sheriff or a private process server can serve this Summons. The Manatee County Sheriff’s fee is $20.00 per tenant and must be in the form of cash or money order. Other Florida counties may vary. If paid by cash, you must personally deliver the Summons to the Sheriff’s Office, Civil Processing Department. Private process server fees vary and you would contact them directly.

Certificate of Mailing: If the tenant cannot be reached either personally or by substitute service, the summons can be served by posting (attaching to a conspicuous part of the premises). If this occurs, the landlord must request that the Clerk mail the notice to the tenant by Certificate of Mailing.

Step Three - Day in Court

Answer by Tenant: The tenant has five days (exclusive of Saturdays, Sundays and holidays) after service of the Summons to file an answer. If an answer is filed and monies are deposited, the landlord must contact the Court to schedule a hearing.

Default:
If the tenant fails to answer the Summons, the landlord may file a Motion for Default by Clerk/Default and proceed with obtaining a Final Judgment for Possession and obtain a Writ of Possession These forms are included in this e-course.

The Clerk is authorized to enter a Default at the end of five days after service is obtained upon the tenant. Upon the default being entered by the Clerk, the Judge will then review the file and enter the Final Judgment for Possession and direct the Clerk to issue the Writ of Possession.

Furnish the Clerk with an original Final Judgment for Possession and a copy for each of the tenants and yourself. You must also furnish the Clerk with pre-addressed stamped envelopes to the tenant(s) and yourself for mailing the conformed copy of the Final Judgment. The Writ of Possession should be presented to the Clerk for issuance.

Step Four: Wrapping it up

After entry of the Judgment, the Clerk will issue a Writ of Possession to the Sheriff describing the premises and commanding him to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. The Writ must be served by the Sheriff. The fee payable to the Sheriff (Manatee County) is $70.00 by money order, check or cash. If cash, you must personally deliver the cash and the issued Writ to the Sheriff. The Clerk cannot accept cash payment for the Sheriff."

The court will have the forms that you need or you can find them here:

https://www.floridabar.org/public/consumer/consumer004/

Here is a general overview:

http://www.nolo.com/legal-encyclopedia/the-eviction-process-florida-rules-landlords-property-managers.html

Here is a link to the law:

https://www.collierclerk.com/images/resource-library/pdf/civil/Residential%20Tenancies%20Chapter%2083%20Part%20II.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 10 months ago
Thank you for the info. Is it best I send a certified letter to him asking him to vacate no later than 10/1, and if he doesn't, I will then hire an attorney to start the eviction process? His son also used my mailing address without my approval but he left to move to California and his car is still registered to my address without his permission. He was never living at my home. He only stayed once and awhile when he was in town.

You can hand him the written Notice to vacate since he lives with you, or post it on his bed room door and take a picture. If he refuses to leave then you can hire an attorney or file the papers on your own.

You do not need to evict the son since he never lived there, but you can include his name on the Notice to be safe and also on the filings. Complete a change of address form with the post office to change his son's address from your home to his address in California. Refuse his mail by returning it to the post office if delivered. You can also notify the DMV that the car is improperly registered to your address.

Change your locks.

Also if your boyfriend leaves change your locks. Buy some now and put them aside or contact a lock smith that will come right away. Once you have him out of your house with new locks you should be fine.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald-Esquire
Gerald-Esquire, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,241
Experience: Over 30 years of experience
Verified
Gerald-Esquire and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 10 months ago
Thanks. ***** just type a letter?

Here is a form that you can use:

https://www.okaloosaclerk.com/index.php/landlord-tenant-forms/97-form-24-15-day-notice-from-landlord/file

You can give 15 days Notice but you said you will give him until October 1. So you can give the Written Notice now and specify that he must vacate by 10/1. BUT you must give at least 15 days (i had misstated 30 above).

Thank you for the positive rating.

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