FLORIDA- EVICT IN FL. WITHOUT A LEASE??

This is a discussion on FLORIDA- EVICT IN FL. WITHOUT A LEASE?? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am new to the site and I would appreciate some help. I am a renter that is currently renting ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rating: Thread Rating: 1 votes, 5.00 average. Display Modes
Old Feb 19th, 2009, 12:08 AM   #1
Junior Member
 

seashellover's Avatar
 
Join Date: Feb 2009
Posts: 1

Confused FLORIDA- EVICT IN FL. WITHOUT A LEASE??

I am new to the site and I would appreciate some help. I am a renter that is currently renting without a written lease. I tryed starting my own home-based business but was not successful, hence-forth I became behind in my rent. I am able to return unused and un-opened product for a full refund less a 10% re-stocking fee. I have communicated this to my landlord who lives out of state and can expect the back rent due when I am reimbursed. But today I was presented an eviction notice, with 3 days to pay. I have personally made many improvements to the home, landscaping and the like...all to her knowledge since the home is for sale, until I had made these improvements no one came to look...even the neighbors said I turned an "eye-sore" into a home that has "curb appeal". I really love the home and have put in many hours,time and money to make it look presentable and do not want to lose it. What can I do?
seashellover is offline   Reply With Quote
Sponsored Links
Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.
Old Feb 19th, 2009, 09:07 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

Sorry, but you have no protection at all. You have no lease and thus no right to remain in the house beyond the LL's wishes. You have not paid rent and the LL has given you a 3 day Pay or Quit notice (not an eviction notice). You must pay all the rent and fees you owe within that period or move out before the period expires. If you do not, she will file an eviction against you. Once filed, it will remain on your court records for anyone to see for many years. (These are public records.) You will then receive the eviction notice from the court and a date for the court hearing. But by that time, your 3 day payment period will have expired, and the LL does not have to accept the rent then (although she may if you can pay up in full before the hearing). If you have not paid by then, the court will rule for the LL and you will be ordered out of the property. If you do not leave, the sheriff will come and remove you from the property and put your belongings on the curb. The locks will be changed and you will be locked out. That is the process.

Without a lease, you have no protections against being asked to leave at anytime. The LL can issue a notice to vacate the premises within 15 days for absolutely no reason whatsoever. They don't even have to list a reason. A month to month tenant has no protections. Don't put money into improvements on someone else's property, especially if you have no lease.

What can you do? First contact your LL. See if she will allow you to sign a payment plan, accept a partial rent from you, or give you some more time (although I would not expect her to do this since she has already served the notice). See if you can borrow the money from a friend or relative, or take out a loan until you can get reimbursed on your goods. If so, pay the rent in full immediately so she will cancel the eviction process before the courts filing. If you can't do these things, move out immediately and notify her you have left, to protect your court record and save yourself from being denied housing in the future. (Once an eviction is on your record, few LLs will rent to you.)

Pay the LL as soon as you can so she won't file for a monetary judgement against you for the unpaid rent. If she does this, it will show up on your credit report as a bad debt and will greatly affect your credit. You could argue in court at this hearing that you have improved her property and she has benefitted from it (and thus negating some of the debt you owe). But if you did not have written permission to do these things to the property, the LL can say that she didn't want these things done and it will cost her money to undo your improvements. She can claim that future tenants will not care for the landscaping and it will cost her money to have a gardener come and maintain those improvements. She can claims that she didn't want _____ (fill in the blank) done to the house and that she will have to remove that improvement and put the property back as it was, costing her more money. (You get the idea.) If you didn't have her written permission to do the improvements, you have basically wasted your money. Anything you put in the property (plant in the ground, permenantly attach to the property, etc.) becomes hers once it is installed. Sorry I don't have better news for you.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 19th, 2009, 09:10 AM   #3
Top Level Member
Country:  
sunlover's Flag is: United States
 

sunlover's Avatar
 
Join Date: Dec 2008
Location: USA
Posts: 2,116

Default re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

The above post is correct you dont have a fight here. For more info try this link


Florida Landlord/Tenant Law Division of Consumer Services, DOACS
sunlover is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 18th, 2009, 12:53 PM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

Quote:
Originally Posted by seashellover View Post
I am new to the site and I would appreciate some help. I am a renter that is currently renting without a written lease. I tryed starting my own home-based business but was not successful, hence-forth I became behind in my rent. I am able to return unused and un-opened product for a full refund less a 10% re-stocking fee. I have communicated this to my landlord who lives out of state and can expect the back rent due when I am reimbursed. But today I was presented an eviction notice, with 3 days to pay. I have personally made many improvements to the home, landscaping and the like...all to her knowledge since the home is for sale, until I had made these improvements no one came to look...even the neighbors said I turned an "eye-sore" into a home that has "curb appeal". I really love the home and have put in many hours,time and money to make it look presentable and do not want to lose it. What can I do?
Before you made improvements you should of paid the rent. If you had a lease he could evict you. Sorry but you owe money and I hope you have friends and family you an borrow from. It is not the Landlord's fault. What can you do? MOVE-
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 27th, 2015, 12:07 PM   #5
Junior Member
Country:  
jacki62's Flag is: United States
 

jacki62's Avatar
 
Join Date: Jan 2015
Posts: 2

Default re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

I live with a roommate who was my friend , She owns the house we live in ,all of a sudden she met someone first she told me I could stay here till I hear from low income housing , then she said the other day that she is selling her house in late Aug -Sept so I had to move then, Now a week later she gave me 60 days not on legal papers only by mouth, I pay every month I just started paying by checks, I have no where to go , I am disabled , Do I have any rights , we have no lease. Can she just throw me on the street ?
jacki62 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 27th, 2015, 12:12 PM   #6
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Midwest
Posts: 14,270

Default re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

Originally Posted by jacki62:
I live with a roommate who was my friend , She owns the house we live in ,all of a sudden she met someone first she told me I could stay here till I hear from low income housing , then she said the other day that she is selling her house in late Aug -Sept so I had to move then, Now a week later she gave me 60 days not on legal papers only by mouth, I pay every month I just started paying by checks, I have no where to go , I am disabled , Do I have any rights , we have no lease. Can she just throw me on the street ?
She can give you notice to leave and you have to comply or face formal eviction proceedings. If she hasn't done so in writing, eventually she will.

There is nothing in Florida's Landlord Tenant Act that waives the law for one who has disability.

She has a right to sell her house and certainly has given you more than enough notice. So begin looking for other accommodations.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 27th, 2015, 12:29 PM   #7
Top Level Member
Country:  
gail in georgia's Flag is: United States
 

gail in georgia's Avatar
 
Join Date: Sep 2012
Posts: 573

Default re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

Your friend is not throwing you out on the streets. In fact, if you do not have a written lease with this person (in other words, you have a month to month tenancy with her) she is generous giving you a 60 day notice.

She is not required to give you this much time to ask you to leave; this can be as little at 15 days IF you are residing in the state of Florida (I mention this since you have tacked on your first posting to another one written by someone living in that state).

Gail
gail in georgia is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 27th, 2015, 01:15 PM   #8
Top Level Member
Country:  
Disagreeable's Flag is: United States
 

Disagreeable's Avatar
 
Join Date: Oct 2012
Posts: 10,710

Default re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

In 60 days, homeless shelter spots will open up. Being in a shelter and notifying HUD housing would put you on a fast track in some locations when you are disabled. I suggest you request she give you a written eviction, notarized, so you can take it to housing.
__________________


Due to a recent promotion, I should now be referred to as Major Obvious.

I would not be trying to provide information and knowledge if I did not sympathize.


Some days it is just not worth chewing through the restraints to face life.
Disagreeable is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 27th, 2015, 01:24 PM   #9
Junior Member
Country:  
jacki62's Flag is: United States
 

jacki62's Avatar
 
Join Date: Jan 2015
Posts: 2

Default Re: FLORIDA- EVICT IN FL. WITHOUT A LEASE??

She gave me till she sells the house she can't keep changing her mind when she feels like it and she did not give me writen notice.
jacki62 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 27th, 2015, 01:46 PM   #10
Senior Member
Country:  
Lill's Flag is: United States
 

Lill's Avatar
 
Join Date: Sep 2013
Posts: 73

Default

Quote:
Originally Posted by jacki62 View Post
She gave me till she sells the house she can't keep changing her mind when she feels like it and she did not give me writen notice.
It's her property so therefore she can keep changing her mind. Without a lease, you have little protections under the law. Under Florida law, she is only required to give you a 15 day notice to vacate.
Lill is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 10 replies and has been viewed 27393 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Florida -No lease anymore, still paying rent, landlord wants to evict VERBALLY FloridaRenter Landlord vs Tenant Issues 12 Oct 5th, 2014 08:44 AM
Florida: evict girlfriend without lease speelty Landlord vs Tenant Issues 6 Oct 8th, 2013 01:35 PM
Landlord Attempting to Evict Me -- Florida Resident max23 Landlord vs Tenant Issues 3 Jul 8th, 2013 06:37 PM
Florida: Need to evict tenant for none payment shirleyc Landlord vs Tenant Issues 4 Aug 21st, 2012 02:03 PM
24 hour notice to evict in Florida Unregistered Landlord vs Tenant Issues 10 Aug 20th, 2012 05:11 PM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 07:30 PM.