Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

my daughter and her husband live in a house owned by me only

Customer Question
in florida.they have no lease...
my daughter and her husband live in a house owned by me only in florida.they have no lease or contract with me and live there rent free.the neighbors have contacted me several times stating that my daughter/husband have constantly kept them awake due to loud arguing at numerous times around 3am .the fighting continues ffom the house into the yard as to where the neighbors come outside fearing someone was being hurt.the police have been called 20 times. the neighbors are having a meeting to have me sued or prosecuted. what is my exposure. i have brought this to my daughters attention sher says it will stop -but yet it continues. what are my rights and legal exposure this has been going on for 1 year. my duudhter has lived here for over 10 years rent free no conttact or lease
Submitted: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 15 minutes by:
7/30/2013
Lawyer: TexLaw, Attorney replied 4 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question.

You, as the owner of the house, are liable for conditions on the property which act as a nuisance. A nuisance is where a condition on your property causes a neighbor to not be able to use or enjoy their property. This would be the likely claim that would be made against you by the neighbors regarding this matter.

Noise issuing from your property which disturbs the neighbors could be held to be a nuisance. Your liability will be based on how much you knew about the problem and whether you had any ability to fix it. As the owner of the property, you can demand that your daughter and her husband behave or face removal from the property. Because you have not taken this action, then you do in fact face exposure to the lawsuit.

The measure of damages, or your liability, will be determined by whether in fact the neighbor's ability to enjoy their property has been decreased. This could result in an injunction being issued against you, or an award for the reduction in value to the property because of the noise issues.

Further, you could be exposed to a nuisance abatement order from the municipal government if the police find that your daughter and husband are violating noise ordinances or are breaching the police. You as the land owner are ultimately responsible for the continued violations.
Ask Your Own Legal Question
Customer reply replied 4 years ago


what removal process would i use eviction or ejectment pllease explain process

Lawyer: TexLaw, Attorney replied 4 years ago
You will want to use the summary eviction process because it is much easier and much less expensive than the ejection or partition procedures.

To start the summary eviction proceedings, you need to send a Notice to Vacate. Because you have no agreement, and she does not pay rent, then your safest bet is to give a 15 day notice to them. The notice needs to state that you are terminating their right to reside in the house and are giving them notice to vacate the premises completely within 15 days. If they do not vacate, you will initiate evictions proceedings. You should either hand deliver this letter to them personally, or send it by certified mail.

Then after 15 days, if they have not left, you file the following claim with the county court: http://rhol.com/csu/evictions/Florida/FL%20Complaint.PDF.

You will need to retype this form and take out 3 and 4, and replace them with a statement that the lease was from month to month and that you have decided to terminate the lease, have provided the required statutory notice, and that they have illegal held over, and thus you seek an order of eviction.

The filing fee is $98.00 (more or less depending on your county).

Once you have filed, the court will set you a hearing date within a matter of days. You must attend the hearing and explain to the judge the facts (month to month unwritten tenancy, you are terminating, sent notice and they did not leave).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Ask Your Own Legal Question
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
If we break lease early in contract with an exit clause in
if we break lease early in contract with an exit clause in maryland, can the landlord require rent in excess of the penalty and notice requirement in the contract? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
Several months ago, the contract for the car I'm leasing was
Several months ago, the contract for the car I'm leasing was about to expire. I was told I can upgrade and the dealership would cover the wear and tear, mileage, and the rest, it would all be taken ca… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Was chatting earlier regarding responding to a contract
Was chatting earlier regarding responding to a contract termination letter, got disconnected … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
I am in a lease contract that states no termination. the
I am in a lease contract that states no termination. the real estate company rep has a personal issue with me, so i am trying to find out if the is it legal for me to send my rental payments to her pe… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,637 satisfied customers
I have a question regarding contract law. The contract is
The contract is between a company in South Carolina and a company in Hawaii … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I have a lease issue. Pennsylvania. I submitted a lease
I submitted a lease agreement as a tenant, signed it. Had not received landlord signature copy for final sign off to indicate receipt of duplicate copy. Also, had not made a security deposit. Signed it during the evening, but decided to not rent the property. Sent a reply email the very next morning (@7 hours later) to communicate decision to not proceed. Do I still owe a deposit? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,637 satisfied customers
It turns out it is a Commercial Lease Contract in the state
It turns out it is a Commercial Lease Contract in the state of Florida and the LandLord says that there is no guidelines when it comes to store the security deposit like when it comes for Residential … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,637 satisfied customers
We just signed a contract to lease a car. The price
We just signed a contract to lease a car. The price discussed and agreed was increased by almost $5000.00. They did not show us what we were signing since the signatures were done in a separate machin… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I signed a lease contract that is year to year except the
I signed a lease contract that is year to year except the owner agreed I could have the same lease rate for as long as I was there. He put this in writing on the lease by saying, "...rate of $3,900 pe… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I am looking to sub lease my car and need a contract drawn
Good Morning, I am looking to sub lease my car and need a contract drawn up. Is that something that you can help with? … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
My tenant just BREACH OF lease CONTRACT which renewed July
Hi, my tenant just BREACH OF lease CONTRACT which renewed July 1, what should I do in CA … read more
KJL LAW
KJL LAW
Juris Doctorate
1,621 satisfied customers
I have a leasing contract in California, but I currently
I have a leasing contract in California, but I currently live in Texas and have not been able to view the apartment in person as I am using an online service. I am seeking for legal review for the val… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
If i signed a lease contract with a vendor stating i would
if i signed a lease contract with a vendor stating i would pay xx daily and i find out they are over charging by adding days, is this material breach of contract. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I signed a lease contract for 3 year period under my name
I signed a lease contract for 3 year period under my name dba. my business name. Now i closed out the business. Am i still liable for the lease contract? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I have a question regarding breaking a lease contract.
Hi- I have a question regarding breaking a lease contract … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Can you explain the lease contract for me? Baltimore in
We looked at our lease and contract and find the part about renew the lease: Month to Month: This lease shall continue in force from month to month after the expiration of the Initial Term. However, either party may terminate this Lease at the end of the initial Term by giving written notice to the other party at least ninety(90) days prior to end of the initial Term. Either party may terminate the month-to-month lease at the end of any rental month, provided that written notice is given to the other party at least Thirty(30)days prior to the last day of the desired final rental month of the tenancy. Note: In Baltimore City at least sixty(60) days notice must be give; i.e. either party may terminate the month-to-month lease at the end of any rental month provided that written notice is given to the other party at least (60) days prior to the last day of the desired final rental month of the tenancy. But as foreigners we still feel confused about the renew part of this contract. What does 90 days , 30 days and 60 days stand for? The agent e-mailed us on 4/09/2017 by telling us that the owner does not want two-month extension. And our lease ends 05/31/2017. Does the agent tell us too late according to the contract?… read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
I have a lease with option to buy contract on a home, the
I have a lease with option to buy contract on a home, the buyer lived in the home 13 years he died about a month ago, He asked me to let his neice purchace the home if something happened to him, but i… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Renters contract and lease agreement. Arkansas. The property
Renters contract and lease agreement. JA: Because laws vary from place to place, can you tell me what state the property is in? Customer: Arkansas JA: Has anything been filed or reported? Customer: No… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x