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I'm currently moved in with a friend and I am not on lease.

Customer Question
I'm currently moved in...

I'm currently moved in with a friend and I am not on lease. I pay all utilities and he pays the rent. we made a verbal agreement. I have. we.

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

I have been living here for over so days

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

Florida

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

Yes

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 1 minute by:
1/4/2018
Lawyer: barristerinky, Attorney replied 1 month ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,065
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I have read your comments, but I don't see an actual legal question?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
but did not let me finish writing my legal question. what is it going to take for the tenant to have me evicted and how many days do I get before they can evict me
Customer reply replied 1 month ago
can he even evict me if I am fulfilling my end of the agreement and paying my portion of the bills
Lawyer: Bill Attorney, Lawyer replied 1 month ago
Bill Attorney
Category: Landlord-Tenant
Satisfied Customers: 1,739
Experience: Attorney
Verified

Dear Customer ,

I'm attorney Bill following up on your question today in relation to your tenancy.

A verbal lease for less than a year is enforceable in Florida.

The payment of utilities can be considered payment of rent for landlord-tenant laws and the application of Florida's landlord tenant statute.

If you pay the utilities monthly it is likely a month-to-month tenancy.

The notice terms that you are entitled to in law to give you security of tenure are the following:

"

83.02 Certain written leases tenancies at will; duration.—Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

History.—s. 2, ch. 5441, 1905; RGS 3568; CGL 5432; s. 2, ch. 15057, 1931; s. 34, ch. 67-254.

83.03 Termination of tenancy at will; length of notice.—A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months’ notice prior to the end of any annual period;

(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter;

(3) Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and

(4) Where the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period."

So most likely you are entitled to 15 days and even in that case you can not be locked out legally without your friend going through the housing court for an eviction suit.

Should you be locked out illegally you might consider suing your friend for an illegal eviction claiming damages and costs.

We are here to help, so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated for my time.

Thanks

Attorney Bill

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Customer reply replied 1 month ago
can my friend/tenant have his lease terminated by his landlord for not notifying them about me since I am not on the lease? Also I agreed to the full year of living here with him and pay the bills every month I'm confused as to how many days It takes for the eviction to go through since I am refusing to leave
Lawyer: Bill Attorney, Lawyer replied 1 month ago

That could be a violation of the lease terms and conditions.

This will be stated clearly in the lease in relation to assignment and subletting.

Your friend should examine his lease and show it to an attorney.

The eviction process can take over a month or 2 months.

You both cannot be locked out in any case for lease violations but need to be evicted through the court process.

We are here to help, so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated for my time.

Thanks

Attorney Bill

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Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
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