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  1. #1
    wendyhighland is offline Junior Member
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    Can I have someone removed from my house?

    What is the name of your state (only U.S. law)? Florida
    My husband and I agreed to allow my mother and father (a stroke patient) live in our home until their new house was completed. Based on the estimated closing date, we had a verbal agreement that they would pay a minimal rent amount for 3 months and move out when they closed on their house. Their rent covered them through June, 2010. They closed on their house on June 28th. My mother decided (about 6 weeks prior to her closing date) that she would have a significant amount of additional work done in the house after closing. She says she can't move out until it's done. There is still no anticipated move date and the tension in the house is unbearable. We have asked them to leave several times as there is no reason (other than convenience) that they can't take possession of their new house. They refuse to leave. We have not asked for nor accepted any additional payments or made any more verbal agreements that they could stay any longer. What rights do I, as the homeowner, have? Can I have them removed from my property?
  2. #2
    Isis1 is offline Senior Member
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    You will have to go through the process of a legal eviction. They are established as tenants at this point.

    Depending on your state, it may be a 30 or 60 day process. Now, depending on what repairs they are doing, might depend on whether or not they would leave faster than the legal proceedings. So, you can wait it out, or you can file and serve the eviction and be even more uncomfortable during the process.
  3. #3
    treese is offline Senior Member
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    Your parents are your month to month tenants by default.

    Florida only requires a written 15 day termination notice for month to month tenants. You can terminate their tenancy with a 15 day written notice, no cause or reason is needed. The 15 days must coincide with the end of a rental month, so, if you give them notice anytime bewteen today and the 15th, they would have until July 31st to vacate.

    If they do not vacate per your notice, the only legal option is for you to evict them through the courts. In order to so, you must give them proper written notice to terminate and then file once the termination date has passed.
  4. #4
    dscurlock is offline Member
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    Quote Originally Posted by treese View Post
    Your parents are your month to month tenants by default.

    Florida only requires a written 15 day termination notice for month to month tenants. You can terminate their tenancy with a 15 day written notice, no cause or reason is needed. The 15 days must coincide with the end of a rental month, so, if you give them notice anytime bewteen today and the 15th, they would have until July 31st to vacate.

    If they do not vacate per your notice, the only legal option is for you to evict them through the courts. In order to so, you must give them proper written notice to terminate and then file once the termination date has passed.
    If this was my home, no sir, I would say you guys need to go, or I will call the police and have them escorted off the property....these are grown folks that know better and are just taking advantage now...you live there, this is your property...since there are no real damages here, what is a judge going to do? make you pay 1 months rent for them to stay some place else?

    tell them to grow up, and get out.

    of course you can do what you want...but if I was in this
    position, I would kick them out on the spot....
  5. #5
    Isis1 is offline Senior Member
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    Quote Originally Posted by dscurlock View Post
    If this was my home, no sir, I would say you guys need to go, or I will call the police and have them escorted off the property....these are grown folks that know better and are just taking advantage now...you live there, this is your property...since there are no real damages here, what is a judge going to do? make you pay 1 months rent for them to stay some place else?

    tell them to grow up, and get out.

    of course you can do what you want...but if I was in this
    position, I would kick them out on the spot....


    And you can find yourself in court for an illegal eviction. Tenancy was established. That is their home. No one has the right to remove them with out due process.
  6. #6
    dscurlock is offline Member
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    Quote Originally Posted by Isis1 View Post
    And you can find yourself in court for an illegal eviction. Tenancy was established. That is their home. No one has the right to remove them with out due process.
    I was just giving you my opinion on what I would do.

    so are you telling me that tenant laws are the very same
    even within the same household?

    I have also watched enough court tv on illegal convictions to know
    the damages are limited...and the tenant being kicked out
    may recover some rent maybe 1-2 months and that is
    being generous...like I said, being kicked out maybe illegal, but
    there are no real damges to recover here...if the owner covers
    some general expenses such as moving, 1-2 months rent for
    them, then this case will go almost no where....

    I am just saying what I would do if this was me..do not give them
    a discrimmination reason...just kick them out, and be done with
    it, and if they wish to go to court then fine...tell the judge you
    want them out of your house, and you will cover some expenses
    to move on with their life...case closed...

    honestly, there are no monetary damges of value on
    being kicked out unless discrimmination comes into play.

    I am not saying that it is right to wrongfully evict, but again, this is
    something the home owner will have to decide since the home owner
    has to live in the same house with these people.
    Last edited by dscurlock; 07-06-2010 at 10:45 PM.
  7. #7
    Isis1 is offline Senior Member
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    You can give your opinion all you want, even if you don't mind breaking the law at your lesiure. But here on this legal forum, we make the attempt to give everyone legally sound advice.

    What you are suggesting is an illegal eviction. Mom and dad have a legal right to be there under tenancy laws.
  8. #8
    dscurlock is offline Member
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    Quote Originally Posted by Isis1 View Post
    You can give your opinion all you want, even if you don't mind breaking the law at your lesiure. But here on this legal forum, we make the attempt to give everyone legally sound advice.

    What you are suggesting is an illegal eviction. Mom and dad have a legal right to be there under tenancy laws.
    so i guess you are saying the home owner has no rights at
    all in living with mom and dad in a hostile environment?

    lets just face it now, if they are unwilling to leave now, do you think they will be
    willing to leave with a 15 day notice...I doubt it...so it could take months
    to actualy get them out of the house via eviction process..they could appeal,
    they could go to court, and so on...so the home owner is still going to end
    up in court one way or the other, he/she can let this drag out, and on...or
    deal with it now, kick them out, have peace, and make her case in court
    if it does go that far...this is for the home owners sanity, not anyone elses...
    Last edited by dscurlock; 07-06-2010 at 11:06 PM.
  9. #9
    Isis1 is offline Senior Member
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    Quote Originally Posted by dscurlock View Post
    so i guess you are saying the home owner has no rights at
    all in living with mom and dad in a hostile environment?
    Then you definitely guess wrong. Try again. The homeowner has the right to LEGALLY evict their tenants. Proper notice. Due process.
  10. #10
    dscurlock is offline Member
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    Quote Originally Posted by Isis1 View Post
    Then you definitely guess wrong. Try again. The homeowner has the right to LEGALLY evict their tenants. Proper notice. Due process.
    sounds like they had proper notice...the agreement was
    to stay until june which has come and gone...to me
    it sounds like the tenants are the ones breaking the
    agreement by staying longer then they should have....
  11. #11
    Isis1 is offline Senior Member
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    Quote Originally Posted by dscurlock View Post
    sounds like they had proper notice...the agreement was
    to stay until june which has come and gone...to me
    it sounds like the tenants are the ones breaking the
    agreement by staying longer then they should have....
    Is that what the agreement specifically stated? Or does FL law allow a rollover of a lease agreement to turn into a month to month tenancy by default?
  12. #12
    sandyclaus is offline Senior Member
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    Quote Originally Posted by Isis1 View Post
    ... Or does FL law allow a rollover of a lease agreement to turn into a month to month tenancy by default?
    It does.

    So this becomes a typical holdover situation. The tenants (in this case, the parents) overstayed their agreed upon tenancy period. Happens all the time. In order to remove the parents, now the daughter must take the proper LEGAL steps to make them leave if they won't leave voluntarily. This starts with a legally written notice to vacate. If the parents overstay the timeframe specified on THAT notice, then it becomes a matter that must be settled by the courts through a formal eviction process.
  13. #13
    WarmVents is offline Junior Member
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    Found this posting to be helpful with one of my current situation. Thank you for posting.

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