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Persons Not On Lease! Can they 24 hour Evict?

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ACER9103

Junior Member
What is the name of your state? Florida
I really Need some Advice. My Uncle has an apartment with his son listed as an occupant, now his son allowed his older sister, boyfriend and two kids to stay there for just 3 days. Unfortunetly his sisters ex came to the apatment and the two men began to argue and the "ex" said some thing along the lines of " My mom have a family member working here so don't mess with me" The next day they recieve a 24 hour notice to vacate, with the rent money that my uncles son paid for that month attached. Can they Do this. I work as a leasing agent for a mobile home park and by law we can't do that, but I understand apartments are different. Even if there were persons living in the home not on the lease that is considered violation of lease agreement and they should have the option to cure, at least 3-7 days....not just vacate in 24 hours. I need some Immediate Advice...It happened Yesterday...and I want to go with my uncle to the office being sure of the law...sometimes these people do things assuming the tenant doesn't know their rights.
Thanks :
 


BelizeBreeze

Senior Member
Without the exact wording of the notice that was delivered no one can answer to a certainty. However, I can tell you that the eviction process is the same for trailers as it is for apartments.

A tenant can be evicted from the property if the tenant violates the terms of the lease. The most common lease violation is the nonpayment of rent. However, excessive noise, improper business conducted on the premises, damage to the property, or nonpayment of rent are all valid reasons for an eviction.

Before a landlord can evict a tenant, the landlord must give that tenant either a three-day or seven-day notice to cure and/or vacate. Thereafter, an eviction case can be filed in County Court to put possession of the property back in the hands of the landlord. Once the Court has issued a Writ of Possession, the landlord may move in to take the property back, and the Sheriff's Office will assist you if the tenant will not vacate voluntarily.
 

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