Florida Eviction No Lease No Rent Payment

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Old Dec 31st, 2011, 11:51 PM   #1
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Default Florida Eviction No Lease No Rent Payment

My husband has recently been appointed as the Representative for his deceased brother's estate where he had his girlfriend living with him at the time of his death. There has never been a lease agreement either verbal or written and no rent or money has been given to us. Is she considered a squatter or tenant and what process do we need to do to get her out of the house? I've read the laws on non renewal of lease, however since there is no lease and she does not pay us what time length do we need to give her prior to evicting her and what can we evict her for?
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Old Jan 1st, 2012, 12:07 AM   #2
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Default Re: Florida Eviction No Lease No Rent Payment

She would be considered a tenant since she lived there for so long.

Give her a 30-day notice to Quit...that means leave.

If you want to keep here there and have her pay rent, give her a 3-Day notice to Pay or Quit--that means pay rent or leave at the end of the third day.

Post this and serve it appropriately.

If she refuses, you'll have to file eviction paperwork against her.
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Old Jan 1st, 2012, 08:05 AM   #3
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Default Re: Florida Eviction No Lease No Rent Payment

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Originally Posted by zabo1212 View Post
My husband has recently been appointed as the Representative for his deceased brother's estate where he had his girlfriend living with him at the time of his death. There has never been a lease agreement either verbal or written and no rent or money has been given to us. Is she considered a squatter or tenant and what process do we need to do to get her out of the house? I've read the laws on non renewal of lease, however since there is no lease and she does not pay us what time length do we need to give her prior to evicting her and what can we evict her for?
Without a rental agreement, she has no legal standing to remain. Technically, you can give her a 3-day notice to either pay rent or vacate the premises. And if she does not move in 3 days, you can begin eviction proceedings. Unlawful detainer, no more rights than a trespasser.

That being said, this woman meant a lot to your husband's brother and human decency dictates she be treated with some modicum of courtesy and respect. If it were me in the situation your husband is in, I would speak with her at the earliest moment and ask her her plans, that the house needs to be disposed of by the estate and unless she wishes to buy it, she will need to move. Would 30 days be enough notice? 60? Will she keep up utilities and maintenance in the interim?

She has lost her partner and now her home. 30 days is limited notice to find another home, so keep that in mind if she says she needs more. If she is in a position to pay rent in the interim, so much the better.
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Old Jan 1st, 2012, 01:35 PM   #4
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Default Re: Florida Eviction No Lease No Rent Payment

Prior to the brother getting sick she had moved out and then moved back in when he got sick and refused to leave afterwards. We have given her 6 months already and she refuses to leave. We are now forced to proceed in legal matters to get her out but I am unsure how we should proceed with this matter. We must dispose of the assets to pay back taxes and his medical bills. We do not wish for her to stay.
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Old Jan 1st, 2012, 04:34 PM   #5
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Default Re: Florida Eviction No Lease No Rent Payment

Get her out legally. Go to the local courthouse tomorrow and file paperwork if you can prove you gave her a 3-day notice to quit the premises. If not, serve the notice and then three days later, go to the courthouse and file the paperwork.

She is a moocher and won't leave unless she is forced out. You gave her plenty of time.

Once you get the eviction decision (not sure how long that will take in your area), usually a sheriff will come and physically carry her to the curb.

As for assets and settling the estate, go over there (unfortunately you will have to give 24 hr notice that you need to inspect the premises) and start removing things that belonged to your family member. You may have to store these somewhere. Do not take her stuff.

As long as you keep the utilities on, you should be fine, but I don't know the ins and outs. Once she is out, you can proceed to sell the place and settle things finally.

You;ve been told before how to do this. Do it.
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Old Jan 7th, 2012, 12:46 PM   #6
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Default Re: Florida Eviction No Lease No Rent Payment

go through the court. ppl and user like this know all the loop holes there are in the tenant law. just yesterday our neighbors who left after the notice was given broke into the house and damaged it for garbage they had left and the police of course didnt do anything because they were not evicted through the court. Go immediately to the court as soon as you can and evict her
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