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#1
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Eviction after domestic partnership terminationWhat is the name of your state? Florida 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. There is no criminal act or intent at the cause of the termination other than we no longer wish to remain together (although he was arrested last year for domestic assault, and I was coerced into getting the state attorney's office to drop the charges against him). 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.)? The issue at hand is not why I wish to remain until my anticipated move date, nor is it why I don't find a quick temporary solution. Basically, knowledge is power, and any information I can gain regarding this particular situation takes away any effect his threats may have. I originally posted this question on the "Real Estate" forum, but those responding to the inquiry continued to make offensive and desparaging remarks despite my repeated requests for it to cease. I appreciate any advice and information that anyone can provide. |
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#2
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| [url]http://forum.freeadvice.com/showthread.php?p=866921#post866921[/url] double post |
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#3
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Double post?Is it actually double posting if I move my question into a different chat forum because those participating continued to be insulting in an offensive manner despite numerous requests? After all, they suggested that I take my question to a more appropriate forum, and it seems to me that this would be that forum, being a situation stemming from the dissolution of a domestic partnership. I am also not sure if it is actually a double post, since the two postings are not completely identical, and specifically states in this one that I sought help through another forum and was not able to obtain the information I was seeking. In regards to the answers you provided: 1 & 2) How am I a trespasser if this has been my residence for the past year, and it has been known to the landlord? Why is my situation any different from the hundreds of other posts on this site that state a roommate not on the lease still has legal rights and that they have to be served notice and/or evicted through legal channels? Lots of unmarried people in relationships or those who are just roommates/housemates have sought advice on this site, and in no posting I have reviewed as someone in this situation EVER been advised that they were a trespasser and could forcibly be removed from their home without notice or due process (if you wish, I can site specific posting addresses). 3) So he cannot legally have my personal belongings removed, but does that then mean he can keep them and prevent me from removing them? What recourse is available to me in the event that were to become the situation? |
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#4
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| It's a double posting in that it's posted twice. If you don't want your thread to be there, delete it and continue here.
__________________ Children aren't coloring books. You don't get to fill them in with your favorite colors. The Kite Runner, Khaled Hosseini ********* R.I.P. Penny. 8/12/97 - 11/12/09 She was a good hound, and a good friend. She will be missed. ********* |
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