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My renter who has been living in an appartment of my home with…

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My renter who has been...
My renter who has been living in an appartment of my home with the previouse owner and rented it for 100.00 per month. Became I rate with me when I told her I could not afford to let her rent it for that amount of money. After several uncomfortable things being said she flew off the handle at me and wished my home burned down around me. Fearing for my life I have spent the past three nights sleeping on the floor by the door with my keys and I'd near by. How long should it take me to get her out.
Submitted: 3 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
6/21/2015
Real Estate Lawyer: Richard, Lawyer replied 3 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,197
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is ***** ***** I look forward to helping you!
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, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, under Florida law, 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. 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. BUT, in the interim, and especially in your situation, since she poses a threat to your person or property, you can file a petition with the court to 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 questions. 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 OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
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Real Estate Lawyer: Richard, Lawyer replied 3 years ago
I just wanted to let you know that I will be away for the next couple of hours or so. Should you have a further follow up, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.
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