evicting a tenant in florida?

Question

my tenant who rents a room in our house may refuse to pay the next rent. there was never any lease agreement drawn up. Does the tenant still have rights if there is no lease. Do I have to serve him with the three day notice to quit.
To make matters more complicated, the tenant is my father in law. The original agreement was that he would inject funds from the sale of his condo, and my wife and I would use our good credit to purchase the house.
He firstly dishonored the agreement by refusing to use all the funds from the sale of his condo, as he used $17,000 to pay of a judgement. His credit stinks. he is not on the deed, title or note. He does no work, so the work i do I bill him for. As the bills are in his name, I offset the money he owes me for doing his one third share of work, against what we owe him for bills. he dosnt agree to this and has threatened not to pay his rent. I have reclassified him as a renter/investor rathenr than one third owner.

To clarifiy
Deal was to purchase this house, he would use all the money from the sale of his condo to go towards the donwpayment and house improvements of this house, and my wife and i would use our good credit.
The fatc that he was forced to use $17,000 to pay of a judgement is not my problem. His credit is 400, so he could not go on the deed nor title.
We have two acres, mainly consisting of Lychees trees for agriculture excemption. This was his idea, but every weekend, he sits on his *** and watches TV. The work i do maintaining the nursery consists of 10 hours per week. As he wont do any work, I bill him for my time.
If we are all one third owners, we must all do one third share work. Alternatively, He never agreed to do one third share work, no more than I agreed to pay one thid of the bills.
He has breached his oral agreement in not using funds from his condo sale for this house.
regardless, I don't want to live with him and either he goes or we sell

Answer 1

No written lease = month to month tenant.

This link is the full Florida landlord tenant statutes:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/PART02.HTM

Answer 2

First, you don't even say that the original agreement was that he would use all of the funds from the sale of his condo to help purchase the house.

Second, I don't think you can "reclassify" him as a renter/investor without his consent. If you try to kick him out, he can file a lawsuit against you and your wife (his daughter) for breach of contract (is this contract in writing? It should be, but I think he can get out of that by claiming he has performed his obligations by putting up the money to purchase the house). He an also sue you to quiet title and have the property placed in his name.

How much did he put into the house (down payment, etc.).

You can't bill him for the complete cost of the work you do - and what work is this? Only 1/3 the cost and even then, if he's paying the bills, what kind of work is it that you're doing?

But to answer your original question, yes, a tenant who doesn't have a lease still has rights. If there is no lease, how can you prove that he owes you money and/or rent?

I think the best thing you can do is re-finance the condo (if possible) and pay him back the money he put into the property.

P.S. If you try to file an unlawful detainer action against him, all he has to do is file a civil lawsuit for partition and/or to quiet title and have his action consolidated with yours and you can't kick him out.

Answer 3

Eviction can only be done by the courts. You'll have to file.

Glad I'm not your old man. He uses money to pay off a judgment and you use the term "dishonor?" Seems to me you're more the dishonorable one in this little soap opera. Glad it's your problem and not mine.