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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29803
Experience:  JA Mentor
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I am in the process of eviction, there is no written

Customer Question

I am in the process of eviction, there is no written agreement as they moved in without my knowledge after the previous tenant, his mother, was evicted. That eviction never reached it's final stage but she and all others living there at the time, moved out. He told me he was going to fix up the place and be there no longer than a month. That started May 1st. They did paint the downstairs and asked how much to stay another month. I responded, $800. They agreed, him and girlfriend, to give me $400 on the first and $400 two weeks later. On the 13th of June, I asked about the money, this that, no money, promise to be out by July 15th. I bought a few more supplies for painting and asked again what the intention was with 7 day eviction papers in hand. That was June 17th and delivered. I went to the court house, did next step, notice to comply, delivered by police on the 10th. That means I go back to the court on Monday the 17th. I was, just now, informed by his mother that he was arrested today, she wants me to get the girlfriend out and take position of his things. That is part of the question as I believe I am responsible to potentially hold his things for a period of time, BTW, she thinks he will be going for 10 years. She also stated that the girlfriend filled for a writ of possession to stay. This is the main question, what do I need to do, worry about, prepare for? They also stated that police have been called repeatedly for overdose issues and think I can evict faster due to those issues that can be proved by documents from the police station showing when they have been called, responded, paramedics and so forth.
Submitted: 11 days ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 10 days ago.

Good morning,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Initially, it's up to the girlfriend to remove their belongings, either before or after the eviction. The mother can go in to pack up her son's stuff if she wants to help (assuming the girlfriend and son will allow it - you can't let her in without talking to them). But you're under no obligation whatsoever to store his stuff for the next 10 years.

What the law says is that a landlord must send a tenant a notice giving him 10 days to pick up his belongings after he moves out (15 if the notice is mailed). You can still mail the notice to the girlfriend. You can even mail it to the jail if you want. They have to pay the costs of storage before they pick up the stuff. If they don't, you can sell everything and use the money to pay your expenses associated with the sale and storage. The notice is laid out in Fl. Stat., Section 715.105. The fact that he was taken to jail doesn't change your obligations as a landlord.

If the girlfriend has filed for a stay, that will be addressed by the judge in court. She won't be allowed to stay unless she pays the rent she owes you. Since you already have a trial date on Monday, you wouldn't be able to get in any faster than that.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 9 days ago.

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