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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12405
Experience:  JD, MBA
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My brother lives in Hernando county Florida. He has been

Customer Question

My brother lives in Hernando county Florida. He has been renting a home for 20 years with no written rental agreement. The Landlord just came and gave him a Notice of Eviction for December 1st. He and his wife are handicapped and elderly. Are there any remedies to help them extend that period of time for vacating, or to nullify the Landlords request?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Can you back up a little bit? What is the explanation for evicting them? Or do you mean that the landlord is merely terminating the tenancy? The difference being that an eviction occurs in court (usually due to the non-payment of rent). A termination of tenancy merely means that the landlord has decided to no longer rent the property.

Do you know which is the case here? And if they are truly being evicted, do you know the reason? Did they fail to pay rent?

Thank you.

Customer: replied 1 year ago.
No problem with rent payment- they got a notice to vacate because landlord wants her kids to have house
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Thank you for clarifying. So they aren't being evicted, but the landlord has merely decided not to rent to them anymore. Unfortunately, so long as the landlord gives proper notice (i.e., at least 30 days), then it is lawful for the landlord to terminate the tenancy for the purpose of letting the landlord's children live in the house. After all, your brother and his wife could have also terminated the tenancy with 30 days notice, in which case it would have been the landlord who needs to make alternative plans.

In any event, if I were your brother, I would simply ask the landlord for a little more time if necessary. For example, if he needs to wait until January, then he should ask the landlord. Since he's been living there for 20 years, I assume he has a good relationship with the landlord, and so the landlord may be accommodating. If push comes to shove, and the landlord refuses to give your brother any more time, then your brother could simply refuse to leave for a short period, in which case the landlord would be forced to file for an eviction. Although the court would almost certainly side with the landlord, it would probably be a few weeks before it gets to court, particularly because of the holidays. By then, perhaps your brother will have secured new living accommodations, and the eviction will be moot.

The most important thing to take away from this, however, is that there is no realistic way to force the landlord to continue to rent to your brother and his wife. The landlord has the right to terminate the tenancy with notice (as mentioned above). So, whether your brother finds a new house by December or January, it'll have to happen at some point in the near future. There is no way to get around that fact, and if your brother waits until he is evicted, it may buy him a few extra weeks, but the last thing he'd want is to be forcibly removed by the sheriff's department. Neither your brother, nor the landlord, nor the sheriff's department would want that. So, he does need to be actively looking for new living arrangements.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!