Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
3/21/2018
Real Estate Lawyer: Ely, Counselor at Law replied 6 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,584
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified

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?

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
florida
Real Estate Lawyer: Ely, Counselor at Law replied 6 months 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.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,584
103,584 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

103,584 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I contacted you earlier. I need information on evicting a
Hi, I contacted you earlier. I need information on evicting a roommate in Georgia. I couldn't complete session this morning. … read more
LegalGems
LegalGems
Juris Doctorate
13,400 satisfied customers
My problem: My Daughter, along with her husband and their 2
Good Afternoon, My problem: My Daughter, along with her husband and their 2 year-old son are living in a home owned by my Wife and I in Florida. We purchased the home three years ago as an investment … read more
Law Educator, Esq.
Law Educator, Esq.
244 satisfied customers
I live in MN. I have been living in a house 1/2 months. I do
I live in MN. I have been living in a house for 15 1/2 months. I do not have a lease agreement or do I pay the utilities. The house belongs to my ex boyfriends daughter. I was told by my ex boyfriend … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I signed a lease for a year. Landlord called said. I can't
I signed a lease for a year. Landlord called said. I can't move in. Her dad wants to sell the house. She gave me the key said I could start moving in. I paid her water bill. My mom is 83 wheelchair bo… read more
Ely
Ely
Counselor at Law
Juris Doctor
103,584 satisfied customers
My daughter has been perscribed a emotional support animal
My daughter has been perscribed a emotional support animal by her therapist. We got her a dog and got the dog certified. We emailed everything to her landlord because her lease does not allow for dogs… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,446 satisfied customers
I live in NJ with my 2 daughters in an apartment where 3 people
I live in NJ with my 2 daughters in an apartment where 3 people are allowed to stay. My Mom is visiting me from India but she travels to Chicago and Boston. One day my landlord agent and property mana… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
You just responded to a question from a property owner who
You just responded to a question from a property owner who wanted to allow his stepdaughter to live in his townhouse rent-free, but has concerns about her drug-addicted boyfriend entering the residenc… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers
My daughter is living in a house with the landlord as roommate
My daughter is living in a house with the landlord as roommate and another roommate. The landlord was foreclosed and he gave my daughter 48 hours to move out because the house was sold. She has no pla… read more
Loren
Loren
612 satisfied customers
I was renting a home with my daughter (WE BOTH SIGNED LEASE).
I was renting a home with my daughter (WE BOTH SIGNED LEASE). Due to some legal problems with her son who was also living there she left to gom where he was staying as due to a court order he could no… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
can my tenant gives my mail adress to his relative to use and
can my tenant gives my mail adress to his relative to use and recive mails at my house adress eventhough they do not live there, and their names not in the lease. is this legal? how to stop them? how … read more
Ely
Ely
Counselor at Law
Juris Doctor
103,584 satisfied customers
I want my daughter to move out from my house. She is 19. Her
I want my daughter to move out from my house. She is 19. Her driver's license address is my house. Her belongings are still in my house. So, police and she saying that she has rights to live in my hou… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,446 satisfied customers
What rights does a 55 yr old person on ssi/sdi have If their
What rights does a 55 yr old person on ssi/sdi have If their own Father gave them a house to live in rent free to help the child out. Landlord/Father and Daughter signed a contract. Then about 9mos or… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My daughter is a 21 yr old white college student and has 3
My daughter is a 21 yr old white college student and has 3 white female roommates (ages 21,22,and23). The other 21 yr old brought home a 27 yr old black man who apparently now lives with them. He even… read more
Law Educator, Esq.
Law Educator, Esq.
244 satisfied customers
My daughter is in college living in a two bed room apartment in Tallahassee Fl. The apart
My daughter is in college living in a two bed room apartment in Tallahassee Fl. The apartment management company has leased the second bedroom to another renter. She having several problems with her r… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My husband and I own a house in Florida where our daughter
My husband and I own a house in Florida where our daughter has lived for about 7 years. She pays the utilities, but we pay the upkeep, taxes and insurance. She pays no rent. We would like for her to v… read more
Real McCoy property law
Real McCoy property law
Juris Doctor
307 satisfied customers
I live in Seminole County Florida and I am a homeowner who
I live in Seminole County Florida and I am a homeowner who has had her now 20 year old daughter living at the residents that I also reside in....She has vacated the premises several times and returned… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,567 satisfied customers
My daughter has been living with her fiancee in his apartment
My daughter has been living with her fiancee in his apartment for 6 months. She has been contributing to the the monthly rent. She has received mail and packages there during this time. She isn't on t… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
My lease is up in Aug. I want to renew without my ...
My lease is up in Aug. I want to renew without my x-boyfriend on my lease (of which he''s only listed as living with me). My name is XXXXX XXXXX lease. How can I do this?… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x