Mom needs to kickout exhusband who is a roommate.

[richecker]

What is the name of your state (only U.S. law)? FL

My mom is currently renting a place in her name only. For financial reasons she allowed my father (her exhusband) to move in to help with the bills. Well wouldnt you know that the arrangement is not working out to well. My mom wants him gone but I know that the place is still his domicile even though he is not on the lease. What are the proper procedures for kicking him out? Does she have to file an eviction notice? If so what is the time frame on that? What are the costs associated with that? Please any help is greatly appreciated.

[HomeGuru]

Originally Posted by richecker

What is the name of your state (only U.S. law)? FL

My mom is currently renting a place in her name only. For financial reasons she allowed my father (her exhusband) to move in to help with the bills. Well wouldnt you know that the arrangement is not working out to well. My mom wants him gone but I know that the place is still his domicile even though he is not on the lease. What are the proper procedures for kicking him out? Does she have to file an eviction notice? If so what is the time frame on that? What are the costs associated with that? Please any help is greatly appreciated.

**A: read the state L/T law under month to month leases.

[Gail in Georgia]

Typically a tenant who is not on the lease (or there is no lease on the rental) is considered a "tenant at will" and is on a month to month lease.

In Florida this requires a 15 day notice for the tenant at will to vacate the premises.

This may vary a bit depending on each district.

Do a "google" search under "tenant at will" or "month to month lease in Florida".

Gail

[richecker]

Thank you for the feed back. After a quick google search I came up with this:

83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;

(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

So him being not on the lease is interpreted as month to month? I guess since he pays monthly rent this must be the case. Also it says "giving notice", what is entailed in giving this notice? Is it just a written paper that my mom would draft and have him sign or does there have to be some formality that she must follow?

[HomeGuru]

Originally Posted by richecker

Thank you for the feed back. After a quick google search I came up with this:

83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;

(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

So him being not on the lease is interpreted as month to month? I guess since he pays monthly rent this must be the case. Also it says "giving notice", what is entailed in giving this notice? Is it just a written paper that my mom would draft and have him sign or does there have to be some formality that she must follow?

**A: isn't there samples on the website?

[richecker]

No this is straight from the Florida Law statutes. Once again what kind of notice does this have to be? AN eviction? Just a signed piece of paper telling my father that he has 15 days? What is it?

Here is the link for the site:

[url]http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm[/url]

[Gail in Georgia]

Have your mom type this up...

NOTICE TO TERMINATE TENANCY

T0__________________________________________________________ (tenant)

You are hereby required within thirty (30) days from this date to vacate, remove your belongings, and deliver up possession of the premises, now held and occupied by you, being those premises located at:

House No:______________________________________ Street____________________________
Apt #_____________________________________
City__________________________________________
State__________________________________________
Zip______________________________________________

This notice is intended for the purpose of terminating the lease/rental agreement by which you now hold possession of the above-described premises. Should you fail to vacate and comply, legal proceedings will be instituted against you to recover possession, to declare said lease/rental forfeited, and to recover rents, damages, attorney fees, and court costs for the period of the unlawful detention.

Please be advised that your rent for said premises is due and payable up to and including the date of termination of your tenancy under this notice. This notice complies with the terms and conditions of the lease or rental agreement under which you presently hold said property.

Dated this _________________________________ day of __________________, 20


PROOF OF SERVICE

I, the undersigned, being of legal age, declare under penalty of perjury that I served the notice to terminate tenancy, of which this is a true copy, on the above-mentioned tenant in possession, in the manner indicated below:

On ________________________,20____, I served the notice to the tenant in the following manner______________________________________________________________

Executed on_______________________________,20_________, at______________
By:_________________________________________


Hope this helps...

Gail

[richecker]

Thank you Gail.
Who all needs to sign the paper? Is it just my mom that needs to sign or does my dad need to as well?

[Gail in Georgia]

Your mom needs to sign this.

In most cases, it's the actual landlord handling the eviction. They will send this notice through the post office with a return signature requested form attached. That way there is documentation that the person being requested to vacate has received this notice.

Do you believe your dad would sign that he received this?

Gail

[richecker]

He may but he also may not. I understand that my Mom needs to sign this but if my Dad is unwilling what does she need to do then? Also does this paper have to go through any court office?

[OHlandlord]

Keep in mind that Gail's sample letter is a 30 day notice, your mother's notice only needs to be 15 days (in FL). If the ex won't sign it, have it witnessed (signed to witness) by someone that she handed it to him. She only needs proof that he received it. Different states allow different methods of delivering the notice. You could call the clerk of court and ask how it must be delivered there to be sure. Have her keep a copy of the notice somewhere safe. (She may need a copy if she needs to evict him.) This notice doesn't go through the court, it is only from the LL (Mom) to the tenant (the ex). If he fails to leave as requested, then she needs to go to the clerk of court's office and file eviction through the courts.

[richecker]

Thanks for all of the advice. I greatly appreciate it.

[Ginny J]

Normally, with a proof of service, you want someone other than the LL sending it/ giving it. It might be quicker/cheaper to have a process server give it to him..

[richecker]

Ok So my mom gave him the letter but I am pretty sure he is still going to be there September 30th. NOw when that date comes and he has to be out but he refuses, what is my mom's next step? Does she go through the eviction process even though she is not the landlord? Does anyone know how long and how much that process costs in Florida?

[CA LL]

PLEASE NOTE:

If is 15 days BEFORE THE END of a rental period (month) not just plain 15 days..makes a difference.