help help help

[canesfan81]

What is the name of your state? Florida

my girlfriends mother has been living with us for about 6mos and has gone beyond wearing out her welcome. she has never paid any rent nor was any lease ever signed b/c we were trying to help get her back on her feet. now that we want her out she will not leave and all the eviction paperwork we have seen has to deal with eviction due to non payment of rent or eviction due to breakage of lease, neither of which applys to us. how to you start the process of getting someone out of your house who is no longer welcome? thanx

 

[Jess_Wundring]

I'm not a lawyer, but this doesn't seem to me like the kind of situation where you would want to "get legal." It's your live-in girlfriend's mother, right?

I assume you've tried talking frankly to her...What did she say?

 

[JETX]

how to you start the process of getting someone out of your house who is no longer welcome?

At 6 months, it is very likely that the court will see that as tenancy, and not just a guest. Simply, that means you will have to do the normal eviction process... written notice of termination of 'at will' tenancy, and filing a lawsuit if she doesn't leave on her own. Definitely NOT a good place to be in the relationship.

One other option.... buy her a ticket to a movie, play, or whatever. While she is out of the house, pack all her belongings and put them in a secure area where she can get them (does she have a car??).. then change the locks. Sure, she will call the police... and depending on how they play it, you might have to let her back in.... but it might work!!!

 

[canesfan81]

she has said she will not leave. she has also told her daughter that she we will make up something to have me arrested. she is very vindictive and simply wants to make life as difficult for us as possible.

 

[Jess_Wundring]

Does your girlfriend have any other siblings or close relatives that would consider taking her mother in for awhile?

If you have the means, how about getting her an efficiency someplace and prepaying her rent for a few months and moving her stuff there?

Maybe your girlfriend could find some way to get her mother re-engaged with "real life" - a social club, part-time job, or volunteer work - so that she starts feeling like a mensch again and might develop some options for her life?

 

[JETX]

she has said she will not leave. she has also told her daughter that she we will make up something to have me arrested. she is very vindictive and simply wants to make life as difficult for us as possible.

Okay, time to grow some balls!!

If you are really 'afraid' of her making up something and your being arrested, you clearly have some problems.
Kick her ass out... and then let her whine for a while. As I said, the police may order you to allow her to return.... but then you can make sure that they witness your handing her a notice to terminate her 'tenancy'.

 

[canesfan81]

wow all i was looking for was legal advice not about growing balls. i obviously did not tell you every aspect of this situation. first off its not to easy to throw someone out who tells their daughter they will kill themselves if they have no where to live. thats tough when the girl you love has to have that burden on them so its not about growing balls. all i am doing was looking for legal advice on the first step to start this process not verbal attacks. by the way i am a correctional officer so i am very afraid of someone saying they will try to get me arrested possibley for domestic violence which is automatic termination of my job. so yeah maybe i am a little scared.

 

[fairisfair]

yeah, it is tough, you have 3 choices, let her stay, evict her, or just flat out throw her out and change the locks. Since this is a legal website, I have to vote for eviction. As for worrying about your job, well, yeah, there are all kinds of things that would make MOST of us lose our jobs, but if you aren't guilty of any of them, then why would you worry. What kind of advice exactly were you looking for? some kind of magic? if so, well there isn't any. Either throw her out, or deal with it.

 

[xylene]

I like the get an efficency option, except YOU go live in it.

Without wife.

The problem: Your wife is NOT on your side

Let wife deal with mother.

No worthwhile wife would choose mom over husband.

Mom is majorly wrong, and wife should know it.

Wife stands for mom threatening to make fake DV call on hubby?

Hubby's balls is fine, wife need grow uterus.

 

[canesfan81]

thanx for trying to help you 2 but for the guy who said i should evict as my original post said that is what i am trying to do. what i posted about was i went to the court house i got a eviction pamplet dealing with eviction due to non payment of rent. then we went to office depot and basically got the same package. there is no lease. my question is after looking all over the internet i have found nothing on how to evict someone where no lease was made. do i just go to court and set a date (b/c those people said go to office depot b/ c they did not have the paperwork; this is miamidade mind you) or is there actual paperwork dealing with eviction of a family member with no lease. if so what is it.

 

[xylene]

I was hasty, it isn't your wife, but STILL, Why is your girlfriend not on your side?

I think you need to have sit down with her about that.

You need to give your girlfriend's mother NOTICE.

You don't have to be paying rent to be a tenant, or to be evicted.

Is the property your home (owned), your girlfriends home (owned) or a shared ownership?

or are you renting. (and who is on the lease)

Consider leaving this for your girlfriend to deal with.

You can't change people who don't want to change.

At least entertain the notion that your girlfriend is allowing mom to stay to drive a wedge.

No good adult woman would stand for MOM threatening boyfriend with a fake charge, even with a suicide threat.

At least not one serious about her man.

 

[fairisfair]

thanx for trying to help you 2 but for the guy who said i should evict as my original post said that is what i am trying to do. what i posted about was i went to the court house i got a eviction pamplet dealing with eviction due to non payment of rent. then we went to office depot and basically got the same package. there is no lease. my question is after looking all over the internet i have found nothing on how to evict someone where no lease was made. do i just go to court and set a date (b/c those people said go to office depot b/ c they did not have the paperwork; this is miamidade mind you) or is there actual paperwork dealing with eviction of a family member with no lease. if so what is it.

call a local attorney, you should be able to find one that will give you a free consultation. or call legal aid, google florida free legal aid, they should be able to direct you. I agree with X, you certainly don't have to be a paying tenant to be evicted, but I don't know what forms you need and was also unable to find any that did not ask for lease information.

 

[canesfan81]

xylene thanx for the help. just to clear up some questions. my girl of seven years is "finally on my side". we both want her out. when i was talking about me and my girls difference i was speaking back to someone who told me to grow balls. all i was saying was that i sympathize with my girl b/c if i was ever in her situation it would be tough for me if my mom said she would kill herself b/c of me. i will look ask the court for a "NOTICE of eviction" (i guess thats what i need). thanx again for advice w/o attacking our relationship.

 

[acmb05]

xylene thanx for the help. just to clear up some questions. my girl of seven years is "finally on my side". we both want her out. when i was talking about me and my girls difference i was speaking back to someone who told me to grow balls. all i was saying was that i sympathize with my girl b/c if i was ever in her situation it would be tough for me if my mom said she would kill herself b/c of me. i will look ask the court for a "NOTICE of eviction" (i guess thats what i need). thanx again for advice w/o attacking our relationship.

You see where you are messing up is you keep saying you dont have a lease but you do have a lease it is a month to month tennancy. So you serve mommy dearest with a 3 day notice to quit and if she does not leave you then file for eviction at the court house. whole process should take about 3 weeks.

 

[JETX]

You see where you are messing up is you keep saying you dont have a lease but you do have a lease it is a month to month tennancy. So you serve mommy dearest with a 3 day notice to quit and if she does not leave you then file for eviction at the court house. whole process should take about 3 weeks.

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