I live in an apartment with my mother and a friend of hers. She pays rent to stay with her friend since she is the owner of the home. Can she just throw us out any given day or does she need some sort of permission or legal document to make us leave? Basically what I'm saying is that she is not giving us any time to look for another place or to earn enough money to leave, she is just throwing us out out of nowhere. Can she do that?
2006-08-09 11:01:09 · 30 answers · asked by MiamiGuy 2 in Politics & Government ➔ Law & Ethics
I live in Miami, Florida and I don't know about a written lease but my mom does have copies of checks deposited into her friends account. Also, we have been living here over a year and our names are in the documented information that states who lives in the apartment.
2006-08-09 11:49:37 · update #1
Since you and your mother have lived there for so long, you have established a residence at the house. Even though you don't have a written lease, you and your mother are considered to be tenants.
In order to get you out, she must give you notice in order to get you out of the house. The length of the notice depends upon how frequently rent is due:
Weekly --------- 7 days notice
Monthly -------- 15 days notice
Quarterly ------- 30 days notice
Yearly ---------- 60 days notice
She cannot just tell you to move out. In Florida, all notices to and from a landlord must be in writing, even if the rental agreement is oral.
If you refuse to leave after you have been given written notice, she can file for legal eviction with the courts.
Read the following links for more info:
http://rds.yahoo.com/_ylt=A0oGki83pNpE6JgA4ZdXNyoA;_ylu=X3oDMTE3bmk0aWRxBGNvbG8DdwRsA1dTMQRwb3MDMQRzZWMDc3IEdnRpZANZUzcwXzEyNA--/SIG=120ak011a/EXP=1155265975/**http%3a//www.800helpfla.com/landlord_text.html
http://www.tyndall.af.mil/325FW/JA/Florida%20Landlord%20Tenant%20Law%20-%20Web.pdf
2006-08-09 16:20:00 · answer #1 · answered by Mama Pastafarian 7 · 3⤊ 0⤋
Basically, I would say she can. You apparently have no kind of written agreement, so that makes your position a little weak.
I am sure the owner can tell you to leave, pretty much whenever she likes. There are no documents required, and she doesn't need permission.
However, because she has been accepting rent, you might be able to get some of the renter protections. Usually this means the owner has to give you some warning before they can make you leave.
The length of the warning is usually related to how often you pay rent. For example, if you pay rent once a week, you get 1 week advance notice to leave. If you pay once a month, you get one month of advance notice, etc.
Of course, this can be modified by a written agreement. A lease could say 2 weeks or 2 months notice, even if the rent payments are once a month.
2006-08-09 18:12:04 · answer #2 · answered by quietfive 5 · 0⤊ 1⤋
If you and your mother have lived there and payed rent monthly, the friend is a landlord, living there or not. The landlord must, after taking rent money from you ( proof by canceled check ) give you reasonable time to vacate and reimburse you for unused portion of your rental payment ( see.eviction ). If the landlord scares you or threatens you with physical violence in order to get you to leave, charges can be brought against the landlord. If you have a written agreement and She won't honor it, call the police for civil standby,remove your most important possessions and leave, file in small claims to get your money for damages back. She shouldn't, she can, which is just mean spirited and causes everyone involved hardships but, that's people for ya. Sorry...just learn by it, SOME always hurt the ones they love.
2006-08-09 18:23:51 · answer #3 · answered by twostories 4 · 1⤊ 0⤋
It actually depends on the state you live in. Some states require a legal eviction process even without a written lease, while others say they are good to kick you out.
I know my landlord just went through that with the people that use to live here. The people living here were NOT the people on the lease, the original lease owners no longer lived here, but allowed their cousin and friends stay here. He had to go through a 60 process to get them out of here. And this was in Illinois.
2006-08-09 18:07:11 · answer #4 · answered by scare_all 3 · 0⤊ 1⤋
I am in canada so don't know your landlord/tenant laws but the basics are: do you have a lease? Do rent on a month-to-month basis? Did you pay the last month's rent before you moved in? If you have no lease/written agreement and have not paid rent in advance, it doesn't look promising for you. There must have been a disagreement or problem because a friend would not do that.
2006-08-09 18:06:15 · answer #5 · answered by grapeshenry 4 · 0⤊ 0⤋
Usually if there is no written lease, there is not much you can do, as horrible as this may seem. But there are other laws that can help you. The website Landlord.com has a lot of useful information, that also helps tenants too.
My family rents properties and we usually click on the section that says landlord law, to help us with any legal questions.
2006-08-09 19:42:19 · answer #6 · answered by tdm511 2 · 0⤊ 0⤋
It depends on what state you live in on what the rules are. Like in Michigan and most states if your drivers license says you live there she would have to go to the court to get you evicted even if you have never payed rent. That takes about 60 days if you stay on top of it. Even if she changes the locks you can break the door or a window to get in and not get in trouble cause your license says you live there tell she gets the papers and there is nothing she can do about it! So what does your licenses say?
2006-08-09 18:11:19 · answer #7 · answered by Missyeh 2 · 0⤊ 0⤋
Guess you just learned a lesson on friendship.
Unless your mother signed a specific contract which includes such rights as 30 day notice or whatever, you have zero rights.
The friend could ask you to leave, and want you out in 1 minute.
She can put an eviction notice on you as well. The police would probably tell her to be reasonable and try to get you some extra few days, but basically you are out of there. Sorry.
2006-08-09 18:05:29 · answer #8 · answered by powhound 7 · 0⤊ 1⤋
No NO NO!!!!!
People seem to think this is so but its not!!!
No one can just throw you out if you have been at the residence for a least 30 days....
Doesnt matter if you arent on the lease...
All you have to do it prove it.
If you have mail this should prove it...
All you have to do is call the cops and show them the mail.. then the will tell her to take you to court.. the court will give a day that you will have move and of course they will give you time...
2006-08-09 18:02:57 · answer #9 · answered by PG 4 · 0⤊ 0⤋
Every State's Law differs, but the grneral rule of thumb is you have a minimum of thirty (30) days - if there is no document stating otherwise. This means that she cannot make you leave less than one month after she tells you to get out:
a) Notified 8/02 - must be out by 9/30.
b) Notified 8/01 - must be out be 8/31.
Good luck...
2006-08-09 18:09:54 · answer #10 · answered by 34th B.G. - USAAF 7 · 0⤊ 1⤋