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Evictions - can my boyfriend legally kick me out in 24 hours…

Evictions - can my boyfriend...
Evictions - can my boyfriend legally kick me out in 24 hours
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Answered in 4 minutes by:
6/28/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,074
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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 as I am an actual practicing attorney, not an employee of JustAnswer.

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Is there any domestic violence or restraining orders involved in the situation?

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What state is this in?

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thanks

Barrister

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Customer reply replied 1 month ago
My boyfriend and I have been living together for a year, all my bills go there and he owns the apartment under a company with his family, no mortgage. There is no lease, no one pays rent. We live in Florida. He told me to get out and then had his attorney on retainer for his regular business draft a letter stating I needed to leave the house in 2 days and provide a copy of the lease and rent payments by Weds 5pm and I got the letter handed to me by my him today at 6pm (Weds) after the time.
Customer reply replied 1 month ago
No, nothing of that nature. We are generally super happy, this was just an argument out of proportion because of insults.

Ok, then no, you can't be forced to vacate without a court order of eviction. And legally you are a month to month tenant under an oral tenancy agreement.. doesn't matter if you don't pay anything at all... you are still a tenant.

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So he has to start with a written 15 day notice in to vacate and then would have evict through the courts which takes 3-4 weeks longer after the 15 day expires..

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So they are simply bluffing you to try to get you to voluntarily leave..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 1 month ago
Hi are you calling

The phone call offers are auto generated by the website, not me personally. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..if you have further questions..

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,074
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 124
Verified
Phone call session started
Customer reply replied 1 month ago
Hi - yes I took the call which was basically everything you have said. I prefer the text as well. So basically he has to put a notice on the door and it is 15 calendar days?Also, my boyfriend is not the sole of MKJ realty, he doesn't even have access to the bank account. In order for them to file an eviction, who would need to legally do that
Customer reply replied 1 month ago
On corporate filings, its his dad's assistant and I am 100% sure his dad is not aware of this, because his dad's lawyer didn't send the letter

So basically he has to put a notice on the door and it is 15 calendar days?

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Correct.

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In order for them to file an eviction, who would need to legally do that

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Whoever is the legal owner of the property or their legal representative.

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Customer reply replied 1 month ago
The legal owner is his dad, and his dad's long-time work associate. So, they would need to approve the notice and eviction?
Customer reply replied 1 month ago
Thanks for you help, been a tough day. Have a good one.

Yes, they have to actually do it.. if he isn't an owner, he can't legally evict you..

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Customer reply replied 1 month ago
HI Barrister, the lawyer on the other side said he was not going to serve be a 15 day notice, just going to file an eviction. How can he do this?

He can't, and is simply bluffing you... If he doesn't follow the proper process, the judge will throw the case out when you object. So his threat is just that, a threat with nothing legally supporting it.

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Customer reply replied 1 month ago
how do I object, when he files I can object to the filing?
Customer reply replied 1 month ago
He wrote this: I will file what Plaintiff wants, and I will not be serving a 15 day notice
Customer reply replied 1 month ago
Dear Ms. Glass,Please see attached written notice that has and is again being served upon you before filing of state court action. Hopefully, you will vacate immediately and the filing of the lawsuit that I have already prepared can be avoided. To that effect, please make sure that you return all keys, garage access, and any other entry device you may possess.Further, all communications regarding PH-8 at Highland Park Lofts should be directed to the undersigned. You should have no further communications with the Margulies family, Leon Johnson and/or any one associated with MKJ Realty.If this matter is not resolved by 3 p.m. on Monday, July 2, 2018, then I will assume that this cannot be resolved without court intervention.Finally, if there is any damage to PH-8, we will hold you fully responsible.
Customer reply replied 1 month ago
I told him this is illegal and I am not going to spend money writing letters back and forth, that I am actively trying to move out.

You would go to any court hearing after he files and simply object verbally as well as in your written Answer that you file if he actually was foolish enough to file..

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He is simply trying to bully you and is constrained by the same laws as every other landlord or attorney..

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Customer reply replied 1 month ago
I applied for a new apt and should be approved today or tomorrow. Is there anything that can be filed that would come up on a search? This letter he gave me is not considered a three day notice?
Customer reply replied 1 month ago
Meaning can this lawyer who is threatening me file anything with the state that the new apt could find in a search.

Nope, not legally since he hasn't followed the proper procedure under the law.

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