We have relatives that need to be removed from a residence. The owner (the dad) wants two of his middle aged sons out. They have an agreement with the dad on paper that they will leave by 01/31/2011, however many of us feel this won't work. The document isn't notarized to our knowledge, however the dad has asked for assistance, if needed, from myself and my older brother. The two are our half brothers, and do not work, have no income, except what dad provides to them. Dad is retired, on Social Security and Medicare. The question is: Do they have a legal right to stay in the house?
Removal/Eviction of Family Members
- Thread Starter ajgolf
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FlaRiptide
New Member
If the sons refuse to leave on their own, they will need to be legally evicted like any other paying tenant. They would need to be served with the three day notice. Google Florida evictions for the proper process.
army judge
Super Moderator
Is the agreement a lease?
If it is a lease, then as long as they are paying rent, you will have a hard time evicting them.
If there is no lease, they are month to month tenants.
They can still be evicted.
The only difference is how to evict them.
Your case in in Florida.
This website will describe how you evict month to month tenants and tenants with leases.
You need to find the court website for the county in which you will be bringing the eviction action.
That is the county where the property is located.
You choose the one that applies and go at it.
Florida is a very friendly state to pro se litigants.
If you read and follow the directions, your dad should have little trouble evicting these deadbeats!
Be advised, this won't be a quick process.
Also, do not do anything to cause yourself trouble.
This MUST be done by the numbers, or it will delay the process.
It might also backfire on you, if you take shortcuts.
http://www.rentlaw.com/eviction/floridaeviction.htm
http://www.streetdirectory.com/trav...to_navigate_the_florida_eviction_process.html
http://rhol.org/csu/evictions/Florida/FloridaSteps.htm
Wow, that is crazy. So even though they pay nothing, are bums, have drug and drinking issues, refuse to work, and actually the bank owns the house (thanks to my dad having to take a reverse mortgage on the place he has lived for nearly 50 years!), they have rights?! I guess in addition to the eviction notice, we should have restraining orders placed as well? These bums are not in the will (legal and filed), but my dad wants to have things in place before he passes. He is in his 80's and was just diagnosed with cancer. We don't what stage and if it has spread, but with cancer you never know.
army judge
Super Moderator
We are a nation of laws.
We all have rights.
It is always a mistake to let the lion get his paw in the door.
Had they never been allowed to LIVE on the property, it is MUCH easier to get them off.
It isn't impossible, just tedious.
I hope your dad recovers.
Good on you for helping ease his burden.
God bless.
Thank you. FYI, I am in Texas as well, and my other brother is in Tennessee. So we are doing all the coordinating from afar. It would be much easier if the two bums would leave voluntarily, but their history has shown that will not be the case.
army judge
Super Moderator
My philosophy is to never allow overnight house guests.
In fact, we rarely allow people in our home.
We choose, instead, to meet on neutral turf.
We allow our minor grandchildren overnight visits, adults, no way.
If you don't allow "roaches" into your home, you never need an "exterminator"!
Anyway, I hope your dad gets well.
You're doing your part to ease his burden.
God bless.
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FlaRiptide
New Member
Army,
From a legal standpoint, how long would a house guest need to stay before an eviction would be required to remove them?
In other words, if a house guest was invited to stay only one night yet then refused to leave, would an eviction process be needed to have them go?
By the comments in your prior post, it appears only one night can put you in this jeopardy.
I would expect though that there would be a difference between a "temporary house guest" versus a "resident house guest".
Is this spelled out within the law or is this a grey area?
From a legal standpoint, how long would a house guest need to stay before an eviction would be required to remove them?
In other words, if a house guest was invited to stay only one night yet then refused to leave, would an eviction process be needed to have them go?
By the comments in your prior post, it appears only one night can put you in this jeopardy.
I would expect though that there would be a difference between a "temporary house guest" versus a "resident house guest".
Is this spelled out within the law or is this a grey area?
army judge
Super Moderator
FlaRiptide said:
Guest is easy to distinguish if you never take money from the person, he/she is considered a guest. Make that money, goods, or services.
Otherwise, a person allowed to stay a weekend or even a week is definitely a guest. The length if stay is one differentiating factor. If the person stays longer, but you accept nothing of value from the person, still a guest, probably.
It gets muddled when you take money from the person, or say, can you help me pay the electric bill this month?
If you and the other person get romantically or sexually involved, the ante has been upped. The person is no longer a mere house guest.
Be careful about asking the person to babysit your kids, care for your six poodles, or house sit while you take that two week cruise.
In the case of a house sitter, it's always best to have a contract spelling out duties and responsibilities before embarking on the relationship.
The better situated in life a person is, the least likely they are to try and squat in your home. Troubled people are more likely to try and scheme, con, or scam you.
It's easy for them to get in, but hard for you to check them out. Be careful. I don't think they'd hoodwink you. You're not that gullible or naive.
FlaRiptide
New Member
I'm confused now. If the OP's relatives paid nothing for their keep during their extended stay, are they labeled "guests"? If they are non-paying guests can they be kicked out without following the legal eviction process?
I understand the problem of the guest paying the homeowner for expenses, babysitting, etc. The homeowner in these cases have derived "benefit".
Though for a nonpaying guess who has been invited to stay for a week, a month, three months, is a legal eviction ever required? If yes, at what point does it become necessary?
If in the OP's case the sons may have lived there for several years at their own expense, are they still considered "guests" or have they become "resident/tenants"?
I understand the problem of the guest paying the homeowner for expenses, babysitting, etc. The homeowner in these cases have derived "benefit".
Though for a nonpaying guess who has been invited to stay for a week, a month, three months, is a legal eviction ever required? If yes, at what point does it become necessary?
If in the OP's case the sons may have lived there for several years at their own expense, are they still considered "guests" or have they become "resident/tenants"?
army judge
Super Moderator
FlaRiptide said:
The extended stay made those deadbeats tenants. They were allowed to squat, unmolested for years. The law requires you to evict those bums.
Had you asked them to leave after a week, a month, the police might have removed them, or in Texas, criminally trespassed them and removed them.
Some police agencies won't remove in lesser circumstances. The police will tell you it's a civil matter.
You may have to take them to court, even if they've been there a couple of days. The theory there is, you allowed them onto the property. You have to get them out.
If violence is involved, that moves the scale back to the homeowner's side. As I said, don't let the roaches in, you don't have to exterminate them.
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army judge
Super Moderator
FLMN said:
Lazy primates like those two sure make you want to do that, but don't.
If you do, then they'll sue you claiming you destroyed their valuable heirlooms, antique furniture, designer clothing, and expensive coin & stamp collections!
They have no money to sue.
Let me tell u small story: 2 granny's got lost in ghetto, and they was so dump to ask locals about direction to HWY. Grandpa was hit few times in a head, grandmas purse was taken and locals got back to the house where they came from. Granny's called cops, told them what happen and pointed to the house.
Cops told them, we didn't see that and we cannot trespass someone's property....
Just change the locks. Nobody can trespass your property. If someone can, i hope u can call for 1911 or at least to 911.
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