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help with being evicted
livinlife
Registered User new member
Registered User new member
i need a bit of help here on a matter.. i have been staying with my mom and dad bcos he has been sick. im not on the lease in his apt building. i have been here for about 6 months and i have mail come here and pay my dad rent to help with bills. My father got very sick and went to the hospital last week and his liver failed and he passed away 3 days later, just a few days ago. My mother 2 days later left to live with my brother. Now i need a few weeks to find a place, im not on the lease , and the landlord comes over and says you have to be out tomorrow. this was just 2 days ago on wednesday . then they called and said we will give you till sunday which is tomorrow. i live in florida, can they just kick me out like that or is there a process? i live in florida by the way. i am not on the lease, but do have mail coming here and i have paid rent the past 6 months. any information would be great. I also have a 1 year old who lives with me.. thanks.
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Is anyone on the lease?
If you are the executer:
Call the landlord and tell him to refund the estate the remaining lease money and pay the lease termination fee. Inform him that the estate now holds the lease.
I would normally suggest talking to an attorney before doing anything. You are not going to be able to take any court action till Monday and this guy sounds like the kind of dick to lock you out of your place, and after that recovering will take a lot of time and some money. Backing him off till Monday is advisable. If you can get a law firm to make that phone call even better but you don't have time.
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The good news is that it takes a pretty good amount of time to evict someone legally nearly everywhere. Like 30-90 days depending on the state.That doesn't mean he wont try and do it illegally. Talk to a lawyer and find out for sure.
Get a copy of the lease and look it over. If your mom only left a few days ago it seems strange the landlord would move that quickly. Did she give notice and forget to tell you? It could be possible under the circumstances.
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I went to look it up, because in Washington it's something like two months: in Florida it's approximately one week.
One. Week.
Florida's a great place.
that's why we call it the struggle, you're supposed to sweat
As i said i am not on the lease and had permission to be here from my parents and paid them rent and had my mail come here. I will contact a lawler of course monday (they want me out tomorrow though)
Does anyone know if they can just make me leave tommorrow, or will there be an eviction process.. im not gonnatry and milk this palce, i really just need to the 15th which is only 6 days away.. again any help withthe simple question, can they put me out on the streeet tommorrow with the police or will they have to start an eviction process..
call the landlord and offer to pay until the 15th when you are leaving. Tell him you'll put it in writing.
Still talk to a tenants rights advocate.
However, the very best advice was the one where you contact the landlord and offer to pay through the 15th. This has the highest probability of not being kicked out.
Eviction is not an overnight process. Talk to a lawyer, make the sheriff's office do everything by the book, know your deadlines and don't let them bully you. Good luck and sorry for your loss.
Anyways if you can continuously occupy the domicile this makes things problematic for the landlord, meaning he/she will have to act through formal channels as opposed to just threatening you. I don't think your residing there is illegal in a way that could cause you to get cited or put into jail, but if the landlord gets the sheriff's office involved (which is how they should do it) that may put you on the street.
Best would be for you and the landlord to work something out, cause elsewise your alternative is to dig in and force them to evict you.
I've family that has a couple dozen properties in florida and it is not easy to evict a tenant, realistically you're talking about 2-3 months from last rent payment. That's tenant protection though, not sure what you are. Smart (pros) landlords want to get paid even if it ain't everything, cause it costs money to do an eviction and then store the property of the tenant for however long is mandated. And they're less likely to come to their property where everything has been vandalized and the water's been running non-stop for days.
IANAL.
Check with your Mom, see if she was served with a summons and a complaint.