Tenant? Florida Law

[LABROCKETT]

What is the name of your state? Florida My EX-husband, came home to stay - as he stated he was having surgery. He cancelled his surgery - I then went ill, and was hospitalized-so I asked him to watch the children. It happens that in florida 3 days staying at someones home constitutes "residency". As I got better, and went back to work I asked him to leave, he wanted to reconcile. I said no - and took all his belongings to his truck and placed them in it. He called the sheriff and told them I illegally evicted him, and they watched, as he broke my sliding glass door and entered my home. he took my tools, my presriptions, all sorts of items which were not his. The sheriff said there was nothing i could do, until i evicted him. I gave him a 3 day notice (required-by fla before filing) and he has now left. Do I still need to complete the the filing process (which is 80.00 i dont have by the way) or is it considered over? Will this sheriff allow him to break into my home again? i even posted the 3-day on the front window.,

 

[LABROCKETT]

OH WELL - THANKS "NO-ONE" FOR YOUR HELP!

 

[txlandlady]

Whoa, impatient...........

This is my opinion only - I don't know Florida law.

If he's taken his stuff out of your house and "left", I'd change the locks and consider the matter over. There's no reason to file an eviction in the courts if he's already gone. You proceed with the legal eviction through the courts if the "tenant" doesn't leave after receiving your 3 day notice. (In Texas, anyway.)

Keep copies of everything you've done, and document (notes) what has happened. If he comes back and breaks in call the police. You have the proof that you gave him the 3 day notice and if his belongings have been removed he's no longer a "tenant". If he comes back now it would not be a landlord/tenant matter - it would be a domestic/stalker kind of thing. It might not be a bad idea to get a restraining order if you're afraid he's on the warpath or something.

I'm sure someone with Florida legal knowledge, not just an opinion, will come along and post. Hang tight.

Karla in Amarillo

 

[longneck]

WTF? you expected an answer in less than an hour? go suck an egg. you do have recourse, but you're not going to find the answers here!

 

[ENASNI]

Methinks there is a lot more to this story...

My first gut reaction was that the sheriffs have been called to this house once too often and they are staying away from another "tiff".

That is how I sees it.. what can I say. So no landlord/tenant advice here. I don't like Florida's site anyway.

 

[LABROCKETT]

GOODNESS LONGNECK..... well thank you Karla. and ENASNI No the Sheriff have never been called to the home. And yes - he was already gone when the sheriff stood by and watched him break into the home last friday - and seen him take my prescriptions as well. no - they are of no assistance to me. He has been gone since the divorce until this past event... which i will probably be going back into the hospital for. Guarantee I will not let him watch the children! have a nice life longneck -
and thanks again karla and enasi!

I will be filing the eviction anyway - as he is a stalker, and i could not even get a protection order from the judge during the divorce...you know all the good ol' boys stick together in these little towns.....

take care

 

[LABROCKETT]

WTF? you expected an answer in less than an hour? go suck an egg. you do have recourse, but you're not going to find the answers here!

no i just have a life and can't wait around, i came back later..... you can keep your egg~

 

[Just Blue]

no i just have a life and can't wait around, i came back later..... you can keep your egg~

Go to an attorney ..... 300.00 per hour...won't make you wait for legal advice.

jeesh..what a twit!

 

[LABROCKETT]

Go to an attorney ..... 300.00 per hour...won't make you wait for legal advice.

jeesh..what a twit!

AS ARE U 2