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I am renting a house. I rented a room to my daughter. She is…

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I am renting a...

I am renting a house. I rented a room to my daughter. She is $1000 behind in rent. She is an alcoholic and a drug addict and doing it in our home. I have COPY and she is smoking in the houose. I want to evict her.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

I gave her a three day notice on the 24th of October.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can I evict her if I'm renting?

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/9/2017
Real Estate Lawyer: Ely, Counselor at Law replied 9 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. The answer is yes, you can evict her even if you are yourself a renter on the property.

She rents from you. So, you are effectually her landlord. You are the sublessor, and she is the subtenant.

The same landlord/tenant rules apply on the "sub" level. She can be evicted if she has not paid rent much like any other tenant - with 3 days notice under Florida Statutes Secs. 83.56. If she does not leave in 3 days, she may be evicted. It does not matter if she is related or not - that does not change anything.

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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.

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