How do I get a family member out

Question

Good Morning All,

I have a cousin living with me, she has been paying $500 per month for the year for a year; she does not have a lease). She moved in with one child, now she has 2, there is not enough room for her anymore. I told her not to give me money for June & July and to move out by August, she told me she is not leaving. How can I get her out? Should I give her a written notice?  What should it say?

Thanks in advance

Kayann.

Marelyn Valdes · Answer

https://frontrunner-mccc.s3.amazonaws.com/migrate/...

Give at least 15 days before the end of the month notice to vacate.  If she's not out by the end of the month, then you file this (put in your own county):   https://frontrunner-mccc.s3.amazonaws.com/migrate/Fillable_Complaint_to_evict30.pdf

Nathan Gesner · Answer

If I were you, I would accept the rent and then use the money to hire an attorney so you can stay out of it and ensure everything is done properly.

Mixing family and business is almost always a mistake. Sorry for your situation.

Francesco Barbati · Answer

Keeping in mind that there is probably private family history undisclosed, I would say: why don't you guys try to talk about it more, in a different setting and environment, in a different way, understand what are each other real problems and find a solution that would help both and creating value for the both and of you and keep being a family before going through all this legal "crap"? Maybe having a third party there with no interest in the final result?

Deanna McCormick · Answer

So TODAY download FLA Landlord Tenant laws..

I would give her written notice to vacate. NON renewal of month to month verbal lease agreement notice to vacate by Noon on July 31,2017

Also give her notice of unpaid rent for June amount of XXX, and rent due in the amount of XXX due for July. she isn't honoring your agreement so what you got to lose.

You could put in notice that you will refund rent for June and July if she has vacated by July 31st. but only if she signs the agreement to vacate.

If she doesn't sign and she doesn't pay rent for June and July, then file for eviction action in July.. give her a pay or quit July 3rd and proceed with filing if she doesn't pay.

I had to do similar action with a nephew staying with his grandparents.. I then also had to issue a No Trespass order to keep him out.

Thomas S. · Answer

Read your Florida landlord tenant regulations and follow the procedure. Since she does not have a signed lease she is on a legal M2M lease. Most likely you simply need to give a written 30 day notice and then proceed with a eviction if she doe not leave.

You must follow your state regulations to the letter so rather than taking advice you must learn the rules.

John Thedford · Answer

Florida Landlord-Tenant act is Chapter 83 Fl Statutes.You can legally give her 15 days written notice to move. If she refuses, your only option is a legal eviction.

DO NOT make a bad move by changing locks, etc. Even if they are a hold over tenant against your will, AKA tenancy at sufferance, you cannot change locks, affect power, etc. This will bring a lawsuit against YOU. Do it legal and have the law AND a judge on your side.

p.s. send the notice via certified mail.

Kay Rock · Answer

Thank you Thomas, I will get the Florida landlord tenant Laws right away.

Dustin Beam she still gave me the money for June, I gave it back to her, I'm praying she moves, because i'd hate to evict her, but she does not seem to be looking for a place.

Deanna McCormick  I will give her a written notice as soon as I read the laws of Florida. Does she have to sign the notice? She did pay me for the month of June, however, I gave her the money back and told her to put it towards her new place. In that case I could not give her a notice for non-payment.

Dustin Beam · Answer

If a family member or friend doesn't respect my wishes in a situation like that, all bets are off.

I mean, you're offering her two months free rent so she'll move. That's gracious as it is. I'd evict if necessary.

How do I get a family member out

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