eviction of a teenager

[hearts41]

What is the name of your state (only U.S. law)? FL

I really hope this is the right forum to address my issue in.
My daughter turned 18 in June of last year. She has already move out once on her accord, but that lasted for two months, she asked to move back in and we agreed. She has some basic houserules and is not following any of them. She stays out all night long, sometimes she is gone for days at a time. She has a job (at the moment) but she has been fired from this job two times now, they have taken her back and given her chance after chance, she keeps blowing it. Just this week I found out she has called off two times, again. I assume she will not have her job for much longer. Her boyfriend/fiance whatever he is, is no longer allowed in our home. He yelled and screamed at me one night last week and showed major signs of aggressions, therefore he is not allowed on our property. My husband and I have spent a long time trying to speak with our daughter about her boyfriends behaviour, etc, to no avail. The bottom line, this is breaking my heart, she is my only daughter. But I cannot live like this anymore, can we give her a 30 day vacate notice or must we go through the legal eviction process? Thank you in advance for any help.

 

[Cvillecpm]

She is not a tenant. She is a guest or invitee...change the locks or put her stuff in the front yard and tell her to go live with BF.

 

[FarmerJ]

Your adult child is legally able to make choices now, if you end up getting her out make it clear that she is welcome to call but this is a consequence of not following house rules. DO not say a word about the BF , you have said enough and she doesnt need any further reminder about her poor choices regarding dating.

 

[Ozark_Sophist]

She is not a tenant. She is a guest or invitee...change the locks or put her stuff in the front yard and tell her to go live with BF.

Do not listen to this poster. She does know or care about the law.

 

[Ozark_Sophist]

She is not a tenant. She is a guest or invitee...change the locks or put her stuff in the front yard and tell her to go live with BF.

OP's daughter is a tenant according to Florida statutes. OP and daughter have an agreement ("she has some basichouse rules").

83.43
(4) "Tenant" means any person entitled to occupy a dwelling unit under a rental agreement.

(7) "Rental agreement" means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.

Cvillecpm: Cite your source for this trash or stop posting.

 

[Cvillecpm]

Daughter is a guest or invitee of the parents. There is no rental agreement, rent or other consideration that is required in order to make the daughter a tenant under any legal definition.

She was allowed back into the house PROVIDED she followed the rules which she has not done.....this does not give her the rights of a tenant that would require an eviction as a tenant.

 

[Ozark_Sophist]

Daughter is a guest or invitee of the parents. There is no rental agreement, rent or other consideration that is required in order to make the daughter a tenant under any legal definition.

She was allowed back into the house PROVIDED she followed the rules which she has not done.....this does not give her the rights of a tenant that would require an eviction as a tenant.

CITE THE LAW. You can't because you are wrong. If you don't know the law or have the ability to look it up, DON'T POST.

There is a rental agreement: Follow these household rules and you may reside in our house as a tenant.

 

[Cvillecpm]

OP writes...."She has some basic houserules and is not following any of them". Where is the mention of that being a condition of her being a TENANT.

The term TENANT is not in the OP's post. A*N*Y*W*H*E*R*E

You cite where a parent allowing an adult child to move back home temporarily allows the adult child to have the rights of a tenant? Can't can you??

 

[Ozark_Sophist]

OP writes...."She has some basic houserules and is not following any of them". Where is the mention of that being a condition of her being a TENANT.

The term TENANT is not in the OP's post. A*N*Y*W*H*E*R*E

You cite where a parent allowing an adult child to move back home temporarily allows the adult child to have the rights of a tenant? Can't can you??

I'm still waiting for YOU to cite your legal authority for your beliefs. I've already offered the proof demonstrating you are wrong.

 

[Ozark_Sophist]

OP, give your daughter 30 days notice as you asked in your original post. If the issue needs quicker action, consult the landlord tenant laws of your state.

 

[Ozark_Sophist]

OP writes...."She has some basic houserules and is not following any of them". Where is the mention of that being a condition of her being a TENANT.

The term TENANT is not in the OP's post. A*N*Y*W*H*E*R*E

You cite where a parent allowing an adult child to move back home temporarily allows the adult child to have the rights of a tenant? Can't can you??

OP asked if she should give 30 days notice or evict. OP knows more about the law than you do. So what if she didn't use the word "tenant."

 

[Alaska landlord]

83.43
(4) "Tenant" means any person entitled to occupy a dwelling unit under a rental agreement.

Read your own post.

"Rental agreement" means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.

If you are going to post with the intent to dispute, then post in your favor.

Cville was kind enough not to embarrass you on the other post. I however and fed up with your tantrums and posted the laws applicable to VA.

 

[ecmst12]

OP agreed to let daughter live in the house if she followed the rules they set forth. She is not following the agreement. They need to give 30 days notice FIRST, and then proceed to court if she does not move.

Actually, I believe in Florida, only 15 days notice is needed for a month to month tenant.

 

[BL]

OP agreed to let daughter live in the house if she followed the rules they set forth. She is not following the agreement. They need to give 30 days notice FIRST, and then proceed to court if she does not move.

Actually, I believe in Florida, only 15 days notice is needed for a month to month tenant.

Yes , I believe FL. statues are less that 30 days notice .

The Parent's invited her there to stay , making her a tenant .

If the Parent's were to kick her out and she were to call the police , the officers would instruct the Parent's that they had to let her back in .

 

[hearts41]

thanks

Thank you for the replies, I do appreciate them. My husband and I did give our daughter a 30 day written notice, signed by both us. I will consult an attorney tomorrow just to make sure we are not skirting any landlord/tenant laws here. I don't think my girl would know about them anyhow but truly just because she doesn't know it still would not make it right.
Thank you again.