friend got evicted.

[walt cunningham]

i was wondeing if anyone knew if it was possible to ecict somebody in FL without any notice? there was no lease though, that was lat night and now they wont let him in to get his things.
would it matter if the new tenannt(his old roomates didn't have one eithar?
please help, he has 2 children and is pretty broke. it all started becausse he was fixing a boat engine in the driveway, they the roomate **** said he and his 3 year old sun smelled like gas as well. this is really bumming him out. 8 years of being, he's been crying all day. he;s had a opiate problem(oxycodone) but he hasn't takig any opiates for 9 days. he took a bar of xanax while working on the boat, and i guess the roomate flipped out and said he was an unfit parent.
i really just want to know if he is allowed to be kicked up with out any notice?

 

[Hammerhead]

Without a lease, you have no protections against being asked to leave at anytime

 

[chase]

In MI. they can sneek in , & evict you over health code violations , even if ther arent health code problems.
Very crooked state especialy in finish apastolic U.P.


F.L kinda reminds me of MI.

 

[AOD2012]

Yea Hammerhead is dead on with this one, without any lease you have no legal protection in this kind of situation. I really hope that everything works out for your friend.


aod

 

[Bunz]

If he's "established residency" at the house, he cannot be evicted w/o a proper notice, lease or not. It's the exact reason you address an eviction notice to "John Doe and all residents of", then the address. Have him call the local housing authority and they'll advise him on what to do.

 

[DiscoBiscuit]

In my state it's how you pay the rent.

Weekly - no rights.

Monthly - landlord has to go through the legal process to evict.

Tell your friend to ask the clerk of court. They may say he needs to ask a lawyer but it's a simple yes/no question and the clerk's office will know the answer.

 

[Hammerhead]

FL Law Without a lease, you have no protections against being asked to leave at anytime. The LL can issue a notice to vacate the premises within 15 days for absolutely no reason whatsoever. They don't even have to list a reason. A month to month tenant has no protections. Look it up Google is your friend.


83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:

(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;

(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;

(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

History.--s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; s. 3, ch. 2003-5.

 

[PoopyTeaBags]

in michigan without a lease your on MONTH TO MONTH... they still need to give you A FULL MONTH to move and that month HAS to begin on the first of a month. after that if you dont move they still have to go to court to remove you... in michigan those people would be sued... i dont know shit about florida...

 

[schwilly]

having dealt with multiple friends that developed opiate issues the only thing you can do is shame him into getting clean. nothing will get better until then.

tell him how much of a piece of shit he is for using opiates, especially with kids.

one friend of mine shot dope for 5 years. the only thing that got him clean was his girl getting pregnant.

he is really grateful to me now for telling him how much of a weak bitch he was for using with a kid on the way. didn't like to hear it at the time but he knows/knew it's the truth.

make sure he knows it's a weakness, and he is in no way a real man until he's clean. 9 days is nothing.

 

[memphis man]

FL Law Without a lease, you have no protections against being asked to leave at anytime. The LL can issue a notice to vacate the premises within 15 days for absolutely no reason whatsoever. They don't even have to list a reason. A month to month tenant has no protections. Look it up Google is your friend

yes but he still has 15 days he cant just be told to leave right then and there

 

[DiscoBiscuit]

might be the difference in today now vs next week, next month etc.

 

[SOTF420]

Pretty sure they cannot prevent him from getting his belongings, kick him out maybe yes without any lease unless he really wanted to get a lawyer and fight it he could probably get back in and they would have to give him a certain amount of time & notice to vacate. Now if they had good cause (like drugs) then they may be able to prevent having to do so but by law they have to give him his belongings or they could be charged with theft of his things.

If he owes them money or something they cannot hold his personal belongings hostage and demand money for them as having no lease means there is no written agreement that would allow them to do so like where a landlord keeps someone's furniture when they skip out and don't pay the rent. If he does have to return with the cops (last resort) they will absolutely have to give him his shit back or the cops will make them do so because you can't just steal somebodies shit when they live with you over a living situation dispute that's definitely illegal I assure you.

I do hope your friend stays off the hard drugs man, pills are all bad and no good will come of their usage. Good luck with all hope it works out for the kids.

 

[Hammerhead]

thats correct he has 15 days and then if he does not leave normal eviction proceedings start

 

[el dub]

But he hasn't used opiates in NINE DAyS, man....

lw

 

[Strainhunter]

.......... he has 2 children and is pretty broke....... his 3 year old sun smelled like gas as well........ he;s had a opiate problem(oxycodone) but he hasn't takig any opiates for 9 days. he took a bar of xanax while working on the boat, ......

Sounds like responsible parenting!

I'm surprised he still has his kids.


(you wouldn't want to know what I would do if I was his landlord!)

 

[SeaMaiden]

i was wondeing if anyone knew if it was possible to ecict somebody in FL without any notice? there was no lease though, that was lat night and now they wont let him in to get his things.
would it matter if the new tenannt(his old roomates didn't have one eithar?
please help, he has 2 children and is pretty broke. it all started becausse he was fixing a boat engine in the driveway, they the roomate **** said he and his 3 year old sun smelled like gas as well. this is really bumming him out. 8 years of being, he's been crying all day. he;s had a opiate problem(oxycodone) but he hasn't takig any opiates for 9 days. he took a bar of xanax while working on the boat, and i guess the roomate flipped out and said he was an unfit parent.
i really just want to know if he is allowed to be kicked up with out any notice?

I don't know of any state in the union that doesn't automatically assume that any tenancy without a lease is considered a month-to-month tenancy. As such, in the state of California, if the tenant has occupied the home for more than a year they are to receive a 60 day notice to vacate. If less than a year it's a 30 day notice to vacate. If they haven't paid rent then the landlord can post a 3-day notice to pay rent or quit. This is specific to California, I'm sure your state has their laws outlined and available as well.

You folks should have a site that discusses landlord-tenant rights for your state.

 

[Hammerhead]

thats why the info I posted is Florida law. Posting laws about other states is pointless here

 

[DiscoBiscuit]

I don't think anybody was suggesting other states' law applies. IMO, it's a matter of being immediately dumped (like this fella apparently was) or due process (like you already mentioned) which might be a number of days or weeks.

Anyhoos, the fella may have legal recourse to back up and regroup - maybe even get his belongings back.

 

[el dub]

With junkie stories, there is usually more to it than gets reported by the addict in question, ime.

lw

 

[LittleAmsterdam]

California requires a 30-day written notice. Even for squatters...