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I am a "tenant" I guess, I live in my family's home. A house…

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Hello, I am a...

Hello, I am a "tenant" I guess, I live in my family's home. A house owned by my sister. I have been renting out the spare room to ladies with my sister's permission, however I do not have power of attorney to evict. A have a BAD APPLE in here who has been harassing me, disrupting my life, etc...I asked her to vacate via e-mail and she agreed in writing but never left. She is causing me so much stress I am experiencing I.B.S. and am afraid to be alone in the house with her because she is an alcoholic. Since it is currently like a room mate situation and I have residency and all the utilities and furnishings are MINE what can I do with OUT my sister? The lady has been here 2 weeks and 2 days.

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?

No, I was unable to file an eviction yesterday because I am not the property owner, nor do I have power of attorney.

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

She has called the police on me twice. She has threatened to sue me and my family saying this property will be hers. She asked me for my prescription drugs; if she could have some. She told my handyman she was trying to "sneak a guy in here, but I caught her". She was so drunk she left the back doors WIDE open the other night where anybody could get in, she confessed to me she performed sexual favors to obtain chauffeur services, in lieu of paying for Uber. She lies constantly...she missed work from vomiting from drinking, she caused me to miss a very important meeting December 11th,with an organization I am involved with.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
12/19/2017
Real Estate Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about your situation. Give me just a few minutes to prepare some information for you, thanks!

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

First can you please clarify, do you have any sort of written lease agreement with this tenant?

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Customer reply replied 4 months ago
NO.
Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

Sorry for the delay.

I'm sorry to hear this roommate has been posing such a problem.

Your first step would have been to ask her to move out, which you did, yet she's failed to comply.

Since you are not the listed owner of the house, you can't go throught the formal eviction process with the sheriff's assistance, without your sister.

You do have one other option though, which is to file a 3 day notice.

The 3 day notice is used in Florida when a roommate fails to pay rent in a timely fashion.

It should include the following statement:

"You are hereby notified that you are indebted to me in the sum of ___ dollars for the rent and use of the premises (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the __ day of ___ , (year).

(landlord’s name, address and phone number)."

It is best for the three-day notice to include the following information as well:

  • date the notice was served on the tenant(s)
  • an ultimatum that the landlord may pursue legal action (an eviction lawsuit) if the tenant does pay the rent or move, and
  • a statement specifying how the notice was given to the tenant, either by actually giving the notice to the tenant or mailing the notice.

Hopefully this person will comply once the 3 day notice is served. You can hand deliver it to them, or post it in the mail.

Unfortunately if they don't comply, your only other recourse to get this person out is to have your sister assist you with the formal eviction process through the courts.

Based on the information you shared above, I'm sure the courts would evict her.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Real Estate Lawyer: Nisha Jones,
 replied 4 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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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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