Can I be evicted with rent paid

[miswinter]

I live in Deland fl. My husband and I were separated when he rented this apartment. I moved into the apartment in Oct 08. I am not on the lease. I met the landlord and she knew that I moved in with our 2 kids. My husband was arrested on Tues. for domestic violence and there is a no contact order. The dcf case worker told me that because we are married and have been here so long that she could not evict us. But the landlord called today and said we are trespassing on her property and she Is going to file for a 3 day notice. The rent is paid until the 1st of next month. Can she evict us? -

 

[jacksgal]

You might consult FL law but I will say they can as you are not on lease

http://www.800helpfla.com/landlord_text.html

 

[Gail_in_Georgia]

It is important to keep in mind that a landlord cannot evict anyone; only a court can grant an actual eviction.

Sounds like your landlord is beginning the process toward eventually filing for an eviction. If they do this you will have your chance in court to present your side.

Gail