How is it that someone can evict me without them being the owner?

[m040482]

My fiance's mom wants to evict us. We have no lease, we just pay rent and made a receipt that was signed by her husband a few days ago, because I told my fiance that just paying cash with no receipt was just out of order and unsafe. I believed the home was on his name, the lady's husband, my fiance's stepdad. But I have just come to learn that this property is really on her husband's brother's name, not her, after I heard them arguing. And this man apparently doesn't live anywhere nearby. Apparently he just let them stay there for years. How is it that she can go file an eviction and have us kicked out like that? We have done nothing wrong here and she is not even the owner, she just doesn't like me and is jealous and thinks I'm sleeping with her husband who she is cheating with anyways, so how is a judge going to accept to do this fraudulently? Doesn't she have to sign that eviction in front of a notary saying she is the owner of the property? But she is lying, how do I go about that? What will she try to put as an excuse to evict us when we have done nothing wrong and she's not even the owner? She says she will file in a couple of days. I have tried to look up info about this online and it's hard to find. Is it possible they take the money but how do you prove they're not the owner? Do you just wait until you get the stamped eviction from court and write a letter saying they're not the owner and ask for a hearing? Also could you provide links to support your answer and thanks.

 

[quincy]

What is the name of your state?

 

[m040482]

What is the name of your state?

Florida

 

[PayrollHRGuy]

You are basically being sublet to by the mother and step-father. They can file for eviction from the sublet if it would otherwise be allowed under Florida law.

Keep in mind that that the court is who actually orders the eviction. Not the landlord. I would suggest you find a new place to live because this isn't going to get any better.

 

[m040482]

You are basically being sublet to by the mother and step-father. They can file for eviction from the sublet if it would otherwise be allowed under Florida law.

Keep in mind that that the court is who actually orders the eviction. Not the landlord. I would suggest you find a new place to live because this isn't going to get any better.

What if neither stepfather or mother are on a lease? How do they prove they have a right to evict if technically we are all roommates?

 

[Zigner]

What if neither stepfather or mother are on a lease? How do they prove they have a right to evict if technically we are all roommates?

You paid rent to the stepfather and mother - they are your landlords.

 

[m040482]

You paid rent to the stepfather and mother - they are your landlords.

So what if they didn't ask permission to the owner of the property to sublet us without a lease behind our backs? They made us believe they were the owners. Isn't that fraud? What can they evict us for when we don't owe money, we have a receipt, we didn't damage property, we didn't do anything against the law here, just because the mother doesn't like you they can evict you?

 

[Just Blue]

So what if they didn't ask permission to the owner of the property to sublet us without a lease behind our backs? They made us believe they were the owners. Isn't that fraud? What can they evict us for when we don't owe money, we have a receipt, we didn't damage property, we didn't do anything against the law here, just because the mother doesn't like you they can evict you?

Find another place to live. When people who ...dislike...each other live under the same roof nothing good can come of it.

 

[Zigner]

So what if they didn't ask permission to the owner of the property to sublet us without a lease behind our backs? They made us believe they were the owners. Isn't that fraud? What can they evict us for when we don't owe money, we have a receipt, we didn't damage property, we didn't do anything against the law here, just because the mother doesn't like you they can evict you?

They can end the tenancy by giving proper notice. Only a court can evict you.

You really ought to find a new place to live.

 

[m040482]

Right. So not fight for rights, just let them do as they please with no proof of authority of the home. Thanks for the advice.

 

[Zigner]

They don't have to be the owner.
Why do you even WANT to stay there?

I'm sorry that you're not getting the answers that you want to hear. It is probably time to talk to a local attorney about your matter. I wish you the best of luck.

 

[LdiJ]

Right. So not fight for rights, just let them do as they please with no proof of authority of the home. Thanks for the advice.

You clearly do not understand what is being explained to you. Unless someone has a lease that specifically prohibits them from subleasing, they are allowed to do so. They do not need permission from the person that owns the home. Whether they pay rent to the owner of the home or not, they are the tenants of the owner, and the landlord of anyone that they sublease to. In your situation the mother is your landlord and you are her tenants. If you do not have an actual written lease, you are a month to month tenant, and she can give you proper notice to move out, and if you do not, she can evict you.

You are being told to move out by people here because if she wants you out, you are going to be out eventually and finding some place else to live and moving out voluntarily is going to be much better for you than having an eviction on your record.

However, its also possible that she didn't really mean it but was just mad, but you don't want to live like that, under a cloud all the time, so that's even more reason to find someplace else to live.

 

[Just Blue]

They are ending your tenancy. They have every right to do this. Find another place to live.

 

[PayrollHRGuy]

So what if they didn't ask permission to the owner of the property to sublet us without a lease behind our backs? They made us believe they were the owners. Isn't that fraud? What can they evict us for when we don't owe money, we have a receipt, we didn't damage property, we didn't do anything against the law here, just because the mother doesn't like you they can evict you?

It doesn't matter. They are living in the home legally. They have the power to sublet the rooms in the home unless the owner specifically stops them from doing so and that would be an issue between the owner and them, not you.

You don't have a lease either so I'm going to assume the law makes you month-to-month tenants. All your To-Be In-laws have to do is follow the law to get you out.

Again, I really can't imagine that you A) would want to continue to live there and B) want to marry into this family.

 

[not2cleverRed]

What if neither stepfather or mother are on a lease? How do they prove they have a right to evict if technically we are all roommates?

Your agreement is with them. You are paying them rent. You are subletting from them; they are your live in landlords, technically landlords.

The stepfather and mother's arrangement with the stepfather's brother does not have to be in the form of a conventional lease. They have lived there for years with the property owner's knowledge and permission. I imagine that they could easily come up with proof that the property owner is allowing them to live there, that they were allowing you to stay.

Because YOU have no lease, you are effectively month to month tenants. Your snuggle bunny's mom can give you written notice that she wants you out. It sounds like she has already done so. But if not, if she does so 15 days before rent is due (and a notice taped to your bedroom door counts), that's a heads up that she is serious and knows how to google better than you.

If you have been given proper notice to leave, and you choose to stay, your snuggle bunny's mom can then go to court and seek an order evicting you.

Either way, you need alternative plans for Thanksgiving dinner.

Also, since your snuggle bunny isn't the one posting, you need alternative plans for the New Years Eve countdown as well.