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Slabach ; we have a house at Spanish oaks in Ocala ,fl. my…

Hello my name is...

Hello my name is ***** ***** ; we have a house at Spanish oaks in Ocala ,fl. my wife allowed a women to stay in our house with the option to buy it, but her money is not available for her to use,because of hospitals but a lien on her account at the bank. so she has not paid anything as far as for rent for the 2 months shes been there along with her having run up electric bill ,and tv bill and she refuses to move , what can I do to get her removed ?

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

Florida in the city of ocala

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

We did not do any paperwork, all word of mouth. also she sold our refer out of our newly remodeled kitchen without our ok .

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

We have asked her to move out twice and shes making a big scene about it.

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Answered in 5 minutes by:
11/22/2017
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,184
Experience: Lawyer; developer/owner of RE developments.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good morning. Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, whether or not she’s paying anything, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 15 days. If she does not leave voluntarily, under Florida law, you will then need to give a 3-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict her. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 3 months ago
is this true even though she basicly stole our refer outa our house ,actually she sold our refer which was in excellent condiation , she's still allowed to be there ?

Thank you for following up. If she stole something from you, then you can skip the 15 day notice and go directly to the 3-Day Notice to Quit. If she doesn't leave, you would then need to get the eviction order, but you could also get a restraining order to force her out of the house immediately while that runs its course. You could also use the leverage of criminal prosecution and a civil suit for damages to induce her to leave early without the legal process.

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Customer reply replied 3 months ago
we had told her everything needs to stay in the house not to sell anything until house was paid for and she went ahead and did this anyway ?// could I not press charges for stealing.?

Yes, you can file both a civil suit for actual and punitive damages, and you can pursue criminal prosecution.

insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,184
Experience: Lawyer; developer/owner of RE developments.
Verified
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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Category: Landlord-Tenant
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