dazed and confused

[canesfan81]

What is the name of your state? FL

I POSTED HERE ABOUT A WEEK AGO AND GOT NO HELP SO I'LL TRY GIVING A LITTLE MORE INFO. MY G/F AND I ARE TRYING TO GET HER MOM EVICTED. SHE HAS NO WRITTEN LEASE AND PAYS NO RENT. WE LET HER MOVE IN IN FEB. TRYING TO HELP HER OUT A LITTLE. SHE HAS OVER STAYED HER WELCOME. WE STARTED THE EVICTION PROCESS IN SEPT. AND RECENTLY WENT TO THE COURT HOUSE FOR WHAT WE THOUGHT WAS THE FINAL STEP (WE HAD GIVEN 7 DAY NOTICE OF TERMINATION AND THE SHERIFF HAD DELIVERED HER EVICTION PAPERS.) THE COURTHOUSE INFORMED US OUR CASE HAD BEEN DISMISSED B/C "THE COURT FINDS THAT THE THREE DAY NOTICE IS DEFECTIVE AS IT FAILS TO PROVIDE DATE CERTAIN WHEN TENANT IS TO MOVE OUT, AS REQUIRED BY STATUTE" A THREE DAY NOTICE WAS NEVER GIVEN. FROM MY UNDERSTANDING A THREE DAY NOTICE IS FOR EVICTON DUE TO NON-PAYMENT OF RENT. SO WHAT IS THE JUDGE REFERING TO AND WHAT STATUTE. WE ARE EVICTING HER B/C WE NO LONGER WANT HER LIVING IN OUR HOUSE PERIOD!!!!!!!!!! I AM AT THE END OF MY STRAW WITH THIS COURT SYSTEM. IF YOU READ THIS AND HAVE NO ADVICE FOR ME, LET ME GIVE YOU SOME ADVICE: NEVER TRY TO HELP SOMEONE GET BACK ON THEIR FEET BY LETTING THEM STAYING AT YOUR HOUSE; THEY WILL HAVE AS MANY RIGHTS TO YOUR HOUSE AS YOU DO!!!!!!!!!!!!!! PLEASE HELP

 

[fairisfair]

start by unlocking your caps. All caps is compared to shouting and is considered rude.

 

[fairisfair]

you need to start over. This should help you with the 3 day notice and eviction process.

http://www.flalandlord.com/content/view/127/125/

 

[nextwife]

You were TOLD that you had to follow proper LT eviction procedures. Did you read JETX response to you and follow the statute?

sorry... but WRONG!!
A '3-day notice (to pay or quit)' applies only to non-payment of rent. Since there is not an agreement to pay rent at all, it wouldn't apply. Further, absent any rent 'due date', the lease is considered to be weekly.

Applicable Florida Statutes:
83.01 Unwritten lease tenancy at will; duration.
83.02 Certain written leases tenancies at will; duration.
83.03 Termination of tenancy at will; length of notice.
83.04 Holding over after term, tenancy at sufferance, etc.

at: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm

 

[canesfan81]

OK, sorry did not come here knowing the rules. just want advice on my legal situation.

 

[canesfan81]

nextwife i dont think you have the right person here.

 

[canesfan81]

fairisfair what is the difference between "NONRESIDENTIAL TENANCIES" and "RESIDENTIAL TENANCIES" according to florida statutes?

 

[treese]

You were TOLD that you had to follow proper LT eviction procedures. Did you read JETX response to you and follow the statute

nextwife i dont think you have the right person here.

Yes, Nextwife does have the right person ... Jetx replied your thread:
https://forum.freeadvice.com/showthread.php?t=328691

 

[fairisfair]

fairisfair what is the difference between "NONRESIDENTIAL TENANCIES" and "RESIDENTIAL TENANCIES" according to florida statutes?

do you mean what are the different laws?

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/PART02.HTM

or what is the difference? One you live there, one you don't

 

[canesfan81]

let me say i appreciate all the help you guys have tried to give. please dont post links for info. b/c i have read the florida statutes up and down and thought i followed the right steps. i am probably not as intelligant as most of you in here about this issue so tell what i did wrong in my original post.