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scepter37 | Landlord/tenant How do I throw her out? in Florida? |
I own a house and helped someone out, and let her stay in a spare room. I dont live in that house, I have another house. I need to get this women out. Since she moved in there are roaches in my house ,shes very lazy, and won't keep a job. We have no lease agreement. How do I get her out legally? |
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buck s
 |
both post above mine are totally incorrect . and you will find your self sued .
as a landlord . i can tell you this is not as easy as some may think . you gave this person access to this residence , lease or not (your fault ) she is now legally a tenant and falls under the tenet protection act of 1974 , you must go to your local district justice and file a order to vacate petition , which is sent to the tenant via certified mail , giving tenant 30 days (in most states 45 in others ) to vacate if they refuse then a order of eviction is granted and the tenant is removed / be advised you do not have the right to lock her out / board up the place / or deny her entry . with out using the court system / anyone tells you diffrently they are mistaken |
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gw_bushisamoron
|
Even in Florida, the fact that you let her stay there means that under the law she is a permitted tenant, even if paying no rent.
As such, she is protected by the law, you can't toss her out.
Your best move is to say you are selling the property and your agent is telling you that you have to give her this written 30-day notice to vacate, then give it to her.
Check to make sure what FLA law says, it may be 60 or as short as 10, but make sure you follow the law. If you don't you are opening yourself up to much bigger problems. |
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topdawgco97
|
Hate to be the one to tell you this, but the roach deal is a Florida thing, I lived there for 6 years, VERY CLEAN house and still had them. (Roach bombs work great)
As to making her go away legally, get a Cease and Desist letter normally used to collect back rent or notify of an impending eviction, your local Police Department might have more info on this, and they will need to be present at the time you take her stuff, put it in boxes and on the curb, after the date listed on the C&D letter.
As for any damages she has caused to your property unfortuntily a sayig comes to mind here " no good deed goes unpunished" |
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Tunsa
 |
I don't know the details of Florida law, but if you follow this process, you should be able to get her to leave.
- Write her a certified letter stating that she must leave the house. State very clearly what your reasons are and when you expect her to be out of the house. You should probably give her at least 10 days to leave to be reasonable.
- If she hasn't left after 10 days, contact the Sherrif's office (not the police) and tell them that somebody is illegally occupying your house. The may not be able to help you immediately, but they can tell you the process that you must go through to get her out of the house.
You may have to go to court to get a judment against her so that you can evict her, but, at that time, the sherrif will either remove her belongings or padlock the door.
Once somebody is living somewhere, it isn't easy to get them to leave. Good luck with this situation. |
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blogger
 |
I know here in California, if you allow someone to "stay" with you, and you want them out and they refuse to leave, if they claim that address as their permanent residence, you will have to evict them. The cops will not just come and haul them outta there because you dont want them in your house. |
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optinbizleads
|
1. "eviction notice"
go to google.com and put that word in your browser, and follow the links to find sources that explain how to make it happen.
2. If she doesn't pay rent, just call the police...they'll take her away or instruct you further on how to get her out. |
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memeandme
 |
since you have no lease agreement - you can only take her to small claims court and hopefully that'll get her out. But without written proof of an agreement - you won't receive any money unless you have a very understanding judge. No matter what - you can kick her butt out though. You own the house - tell her to get lost. You have no written agreement so you don't have to give her notice because you never signed saying you would/ Kick her butt out then be sure to take pictures of every room and every disgusting thing on a camera that has a date. That way if she tries to sue you later (which she would never win) you have proof of just how nasty the house is. |
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ashlandtree
|
there is one way to mover her out quick.
You do not have a lease it could take up to 90 days legaly but you could have some friends move into the home with this lady and just act crazy for a week. There is no law that someone else can not move in it just says you can not move them out so have some crazy frineds move in and put dye her shampoo or nair hair remover in her shampoo. Put bleach in her laundary detergent, have them pee in her bed and bring over a big loud nasty dog that barks 24/7. Have them up at 2am with loud music just enought for the police not to come over. I have had to do this before they move very very fast. They become fearful for there life and can not take the crazyness any longer |
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trickyrick32
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If you have no lease and she's not paying rent, the best way to get her out is a boot up the jacksee and a padlock on the door.
Seriously. I've been through this kind of thing before.
Go into the room with a couple of people, pick all her sh*t up, put it in boxes, throw it out the door shortly followed by her.
I dont know if it's the same in the usa, (sorry i didint notice thats were you where), but in scotland...No lease...no rights!
Get her told the hard way! |
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