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My son is residing in a home in Poinciana, Florida. He has…

Customer Question
My son is residing...

My son is residing in a home in Poinciana, Florida. He has been living in the home for 6 months. The owner of the home sold the house without giving him and the other tenant notice of vacancy nor were they told that he was selling the home. The realtor came in the home while they were out and show the home without notifying them. The renters just found out last Wednesday. Tomorrow is the closing and now the new owner told the realtor that they have to move out or he is going to put their belongings on the street.

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Saturday my son spoke contacted a Seargent at the Police Department. Explained the situation and was told that the owner could not put them out. Took my son information and the owner information, told my son that he was going to speak to the owner. It is unknown if he did speak to the owner or not.

Lawyer's Assistant: Has he talked to a FL lawyer about this?

No, not yet.

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

My son has a felony charge of something that happened 27 years ago between him and a girlfriend. He was charged with sexual abuse in Connecticut.

Submitted: 10 months ago.Category: Real Estate Law
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11/13/2017
Real Estate Lawyer: Richard, Lawyer replied 10 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,389
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 10 months ago

Your son was told correctly. He can't be forced out that quickly. When there is no lease, the occupant is legally considered an "at will" tenant, which is treated legally as a month to month tenancy. As such, under Florida law, the owner must give your son at least 15 days written notice to terminate the tenancy. Then, if he doesn't leave, the law does not allow the owner to forcibly evict your son without obtaining an eviction order from a court. What that means is that if termination date comes and your son does not move out, the owner cannot simply change the locks or throw his things out. Rather, what the owner has to do is to first deliver a 3-Day Notice to quit...which basically says your son has 3 days to leave or face eviction. But, if he still doesn't leave, the owner must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the owner have your son evicted.

Thank you so much for allowing me to help you with your question. 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 Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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