Closed Thread
Results 1 to 9 of 9
  1. #1
    tcragochb is offline Junior Member
    Join Date
    Feb 2005
    Location
    Fort Lauderdale, FL
    Posts
    6

    Exclamation Threat of immediate eviction by ex-domestic partner

    What is the name of your state?What is the name of your state? Florida (Fort Lauderdale)

    I need to obtain some information and advice regarding a situation in which my former domestic partner is threatening immediate expulsion from our rental unit. When we began to cohabitate beginning 03/01/04, we moved into a larger unit within the same building in which he was already living. Since the landlord was the same, his lease was altered to reflect the new unit with an agreement date from 03/01/04 to 02/28/05. Although my name was not on the lease, permission from the landlord was obtained for me to take residence (the lease states that 2 people occupy the unit). The lease was renewed a few weeks ago for 03/01/05 through 02/28/06 – and no information was changed or altered other than a small increase in rent.

    Most utilities are in his name, and I pay 50% of the rent and expenses (if not more). My Florida driver’s license shows this as my address as does my car registration. The only bill I receive here is for our satellite-dish service, although all my mail does come here. My bank statements and credit card information reflect this address, as does all correspondence from my employer (401k statements, medical benefits, etc.).

    I have now officially terminated the domestic partnership and am in preparations to move into my own place (anticipating no later than 04/01/05). I have advised him already of such, have made sure that all joint financial obligations are current and up to date, and have already paid him for half of the March rent.

    He is however threatening me with immediate expulsion from the unit, as well as either tossing my belongings and personal possessions off of our 2nd floor balcony or putting everything outside in my parking space. He has also threatened to leave my pet (an indoor cat I have had for 5 years who does not have either her front or back claws) outside to let her free or to drop her off at an animal shelter as abandoned. He has also threatened to have the locks changed while I am at work and refuse any kind of entrance to me for the packing and removal of my personal belongings. To date, he has not provided anything in writing of intent to evict.

    From what I have read on this site and on the web, it is my understanding that despite my name not being on the lease I cannot be forced from my home like this. What exactly would he have to do to officially have me forced from here prior to my already established move date? And, what right do I have should he attempt to follow through on any of his threats (i.e. tossing my belonging and cat outside, changing the locks, etc.)?

    I appreciate any advice and information that anyone can provide.
  2. #2
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,919
    Quote Originally Posted by tcragochb
    What is the name of your state?What is the name of your state? Florida (Fort Lauderdale)

    I need to obtain some information and advice regarding a situation in which my former domestic partner is threatening immediate expulsion from our rental unit. When we began to cohabitate beginning 03/01/04, we moved into a larger unit within the same building in which he was already living. Since the landlord was the same, his lease was altered to reflect the new unit with an agreement date from 03/01/04 to 02/28/05. Although my name was not on the lease, permission from the landlord was obtained for me to take residence (the lease states that 2 people occupy the unit). The lease was renewed a few weeks ago for 03/01/05 through 02/28/06 – and no information was changed or altered other than a small increase in rent.

    Most utilities are in his name, and I pay 50% of the rent and expenses (if not more). My Florida driver’s license shows this as my address as does my car registration. The only bill I receive here is for our satellite-dish service, although all my mail does come here. My bank statements and credit card information reflect this address, as does all correspondence from my employer (401k statements, medical benefits, etc.).

    I have now officially terminated the domestic partnership and am in preparations to move into my own place (anticipating no later than 04/01/05). I have advised him already of such, have made sure that all joint financial obligations are current and up to date, and have already paid him for half of the March rent.

    He is however threatening me with immediate expulsion from the unit, as well as either tossing my belongings and personal possessions off of our 2nd floor balcony or putting everything outside in my parking space. He has also threatened to leave my pet (an indoor cat I have had for 5 years who does not have either her front or back claws) outside to let her free or to drop her off at an animal shelter as abandoned. He has also threatened to have the locks changed while I am at work and refuse any kind of entrance to me for the packing and removal of my personal belongings. To date, he has not provided anything in writing of intent to evict.

    From what I have read on this site and on the web, it is my understanding that despite my name not being on the lease I cannot be forced from my home like this. What exactly would he have to do to officially have me forced from here prior to my already established move date? And, what right do I have should he attempt to follow through on any of his threats (i.e. tossing my belonging and cat outside, changing the locks, etc.)?

    I appreciate any advice and information that anyone can provide.
    **A: can you gayly read the Florida L/T law then after you do so, post back with any specifc questions.
  3. #3
    tcragochb is offline Junior Member
    Join Date
    Feb 2005
    Location
    Fort Lauderdale, FL
    Posts
    6

    What...???!!!

    With all due respect, what does that mean? I thought my questions were specific... but if it was not made clear, let me spell it out more specifically:
    1) as a person residing in a rental unit in which my name does not appear on the lease, can the leaseholder have me removed without any kind of notice or eviction procedure?
    2) can the leaseholder legally have the locks changed to prohibit access and entry without going through these proceedings?
    3) can the leaseholder legally have my personal possessions and belongings placed outside, or in any way damage or cause to be damaged due to negligence?
    Simple enough? "Gayly" is not the issue, and I take great offense to that comment.
  4. #4
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    10,889
    Having been lovers you still need to be treated as a tenant . But the thing is with the drama now in high gear you might as well plan on just leaving as soon as you can and sending written notice with your last months share of the rent in a certified letter ,In the notice just state that this is your last share of the rent since you have been asked to leave ,you know you were entitled to more notice than what you were given by state law . The final share of the rent alone will be enough to stop you from being taken to small claism court and sued like a tenant who has been taken to court by a landlord . Yes you could try to stay on but WHY . since you were given threats by the Drama King/Queen dont you think it would just be easier to get out and be done with the whole deal ? Yes according to LL /T laws you cannot be locked out or thrown out with out your LL ( him) following your states law for eviction unless the LL is willing to risk the lawsuit that would be generated from the illegal eviction . and yes tenants can sue LLs for breaking the law but since you lived together it just may well be cleaner to get out now moving out as quickly as you can into a temp place and consider the final rent payment with the letter as your way of making sure that you arent sued for not giving proper notice as a month to month renter .
  5. #5
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,919
    Quote Originally Posted by tcragochb
    With all due respect, what does that mean? I thought my questions were specific... but if it was not made clear, let me spell it out more specifically:
    1) as a person residing in a rental unit in which my name does not appear on the lease, can the leaseholder have me removed without any kind of notice or eviction procedure?

    **A: yes and no. Yes, if you were guilty of criminal action and your partner called the cops and got a restraining order agaisnt. No, if you did not commit a criminal activity.
    *********
    2) can the leaseholder legally have the locks changed to prohibit access and entry without going through these proceedings?

    **A: see above.
    *********
    3) can the leaseholder legally have my personal possessions and belongings placed outside, or in any way damage or cause to be damaged due to negligence?

    **A: yes and such person would be liable for such damage.
    *********

    Simple enough? "Gayly" is not the issue, and I take great offense to that comment.
    **A: did I tell you that I cared about what you think or how you feel? If you are a homo-sexual, why would you take offense to someone calling you gay?
  6. #6
    tcragochb is offline Junior Member
    Join Date
    Feb 2005
    Location
    Fort Lauderdale, FL
    Posts
    6
    FarmerH - thank you for the information. To answer your question, if it comes to the point of having to find a temporary solution, I am prepared to do that... however, if I can avoid that unnecessary expense and displacement, then I prefer to go that route. Whether I do leave sooner than my anticipated move date or not is not the issue or why I would choose to remain here until those preparations have been made is not the issue at hand though -- the question is what are my legal rights living in a unit when I do not appear on the lease? I realize that threats are just that - simple threats. However, gaining knowledge significantly decreases whatever effect those threats would carry, and that it all I am trying to do.

    HomeGuru / BelizeBreeze: Reference was only made to the fact this was a domestic partnership cohabitation in order to establish validity of residency. Period. The offense is because that is not the issue being discussed and has no bearing whatsoever in the discussion. It is also completely inappropriate, just as it would be completely inappropriate and antagonistic of me to have advised someone to go "jewishly" or "blackly" read the statutes. If however that is an issue for either of you, I would suggest that this is not the proper forum or place for that line of response and am respectfully requesting that any inference to that topic or as to why I take offense to how it is being discussed be dropped.
  7. #7
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,919
    Quote Originally Posted by tcragochb
    FarmerH - thank you for the information. To answer your question, if it comes to the point of having to find a temporary solution, I am prepared to do that... however, if I can avoid that unnecessary expense and displacement, then I prefer to go that route. Whether I do leave sooner than my anticipated move date or not is not the issue or why I would choose to remain here until those preparations have been made is not the issue at hand though -- the question is what are my legal rights living in a unit when I do not appear on the lease? I realize that threats are just that - simple threats. However, gaining knowledge significantly decreases whatever effect those threats would carry, and that it all I am trying to do.

    HomeGuru / BelizeBreeze: Reference was only made to the fact this was a domestic partnership cohabitation in order to establish validity of residency. Period. The offense is because that is not the issue being discussed and has no bearing whatsoever in the discussion. It is also completely inappropriate, just as it would be completely inappropriate and antagonistic of me to have advised someone to go "jewishly" or "blackly" read the statutes.

    **A: wrong as gayly is a real word. And this has nothing to do with ethnicity, race or religion.
    **********
    If however that is an issue for either of you, I would suggest that this is not the proper forum or place for that line of response and am respectfully requesting that any inference to that topic or as to why I take offense to how it is being discussed be dropped.
    **A: inappropriate? You come here asking for advice and now you have the audacity to request that we drop it? Well then you leave us and go find a free legal advice website for gays then.
    Last edited by HomeGuru; 02-19-2005 at 10:01 AM.
  8. #8
    tcragochb is offline Junior Member
    Join Date
    Feb 2005
    Location
    Fort Lauderdale, FL
    Posts
    6
    I asked that the "gay" issue be dropped. Please re-read the FreeAdvice forum rules that you acknowledged when you signed up for this site. It says "You agree that you will NOT post any knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, or threatening message." I asked politely that this particular line of replied cease to allow the specific issue to be addressed. Please note that I have already forwarded a copy of the posting link to the site administrator as such.
  9. #9
    seniorjudge Guest
    1) as a person residing in a rental unit in which my name does not appear on the lease, can the leaseholder have me removed without any kind of notice or eviction procedure?
    A: Yes, your status is that of trespasser.

    2) can the leaseholder legally have the locks changed to prohibit access and entry without going through these proceedings?
    A: Yes, your status is that of trespasser.

    3) can the leaseholder legally have my personal possessions and belongings placed outside, or in any way damage or cause to be damaged due to negligence?
    A: No.


    Since you are so keen on following the rules of this forum, then stop double posting.
    [url]http://forum.freeadvice.com/showthread.php?p=866903#post866903[/url]

Similar Threads

  1. domestic partner
    By dimpledk in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 1
    Last Post: 03-30-2011, 07:37 PM
  2. domestic partner
    By diane_57 in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 2
    Last Post: 02-18-2010, 05:36 PM
  3. Eviction Rights for Domestic Partner
    By Tony612 in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 2
    Last Post: 01-15-2010, 11:44 AM
  4. Domestic partner
    By emzride in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 1
    Last Post: 08-20-2009, 08:40 PM
  5. Domestic Partner
    By dsutton2004 in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 2
    Last Post: 09-24-2003, 01:56 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.