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Situation. Daughter lives in a house owned by me and

Customer Question
Daughter lives in a...

Daughter lives in a house owned by me and receives her mail there. How hard is it to evict her if necessary? There is no lease and this is not my residence What are her rights?

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/21/2018
Real Estate Lawyer: Ely, Counselor at Law replied 1 month ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,504
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. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (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.)

What state is this in?

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Customer reply replied 1 month ago
florida
Real Estate Lawyer: Ely, Counselor at Law replied 1 month ago

Thank you. I am sorry for the wait, as I was offline when you had responded. The fact that she is related to you does matter. Also the fact that she receives mail there does not matter (having mail designated to go somewhere does not give a person special rights to that place).

She is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.

Let me know if you need a sample notice. Typically, a notice is 10 to 30 days in such a situation.

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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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