View Full Version : Evicting unwanted friend
trilbytrouble
May 21, 2009, 11:26 AM
I am trying to evict a person from my home who was invited, but has not lived up to my requests for money towards food, etc. He has enrolled in a 2 year school, and has refused to get a job to help me. What are my options?
JudyKayTee
May 21, 2009, 11:32 AM
Your only option is to evict him according to the laws of your State - what State?
trilbytrouble
May 21, 2009, 11:35 AM
I live in Tampa, Fla
JudyKayTee
May 21, 2009, 11:38 AM
Guidelines for Florida Residential Eviction (http://rhol.org/csu/evictions/Florida/FloridaSteps.htm)
trilbytrouble
May 21, 2009, 11:41 AM
Thanks for your help. I will look over the laws that pertain to my state.
trilbytrouble
May 21, 2009, 01:21 PM
I have another question: what do I not have to provide to my unwelcome guest? I providing access to the Internet and cable to my t.t. required by law, fla. Law that is?
ScottGem
May 21, 2009, 01:30 PM
You have to provide a habitale environment. This means shelter, electricity, climate control, water, some level of security (door locks, etc.). That's all. Cable TV and Internet access are extras and not required.
trilbytrouble
May 21, 2009, 01:36 PM
I thank you lots for responding so quickly.This now unwanted friend has caused a nightmare for me.The more information I have, the better I feel.
Lowtax4eva
May 21, 2009, 01:52 PM
I can understand, if you have cable TV and internet Iwould run all the wires into a single room that only you have access to (your bedroom) and consider putting a lock on the door. It might be more cramped in your room but the less you do for him the sooner he will get the idea.
Also he should be buying his own groceries, let him know for the rest of his time there that's the deal.
It sounds like he became a guest in your house who overstayed his welcome but when he started paying some form or rent he became a tenant and now you have to get him out the legal way.
ScottGem
May 21, 2009, 02:58 PM
It sounds like he became a guest in your house who overstayed his welcome but when he started paying some form or rent he became a tennant and now you have to get him out the legal way.
A guest often establishes residency in a variety of ways. Having mail sent to the address, making any sort of conmtribution to the household, getting ID showing the address as his residence. There are others so its not hard for a long term guest to establish residency. Once residency is established legal means are necessary for removal.
trilbytrouble
May 21, 2009, 03:08 PM
He was invited into my home by my son. We did not have any so called tenant/landlord sort of legal binding contracts. It was a verbal aggremant that he would buy groceries. He's a convicted felon and his P.O. seemed to pass him off to me as "My problem now", in my opinion. He works as a telemarketer and barley makes $15.00 a month, if he's lucky. Now, he is going to a 2 year college: no real paying job; And as I see it, he's bleeding my family dry, and I see no end to it!
IWHO
May 21, 2009, 03:27 PM
Listen to the "experts".
{Note this post was edited by the poster after comments were made about it-<>}
ScottGem
May 21, 2009, 07:19 PM
I have a similar situation .
I think we dealt with your situation by showing that the local JP was not adhering to actual law. So your situation was an exception and you should not think it will apply to other people.
As I said, a person can establish residency in a variety of ways. And once residency is established the person will usually need to be formally evicted.
JudyKayTee
May 22, 2009, 06:03 AM
I have a similar situation and though it hasn't come down to the deadline yet to see what the authorities would actually say when and if I have to call them to escort my "unwelcomed" guest out of my house, I went down to my local Justice of the Peace office and the clerk told me, twice, that ...
I do not see any similiarities here - have just (again) reviewed Texas Law and find your situation not to be in accordance with the Law. Exceptions do happen and everyone knows someone who has a neighbor who has a cousin who was an exception but I don't see it here.
Perhaps a good personal experience but definitely bad legal advice.
trilbytrouble
May 22, 2009, 08:01 PM
I needed to go to my doctor today because of the stress building up these past 6 months, but more so since we started the eviction process. Well, I found out that when I was given an EKG, there were abnormalaties. It seems all the stress, anger, frustration has caused my heart to beat irregularly and it seems I have "Stable Myocardial Ischemia." I was given a copy of the EKG, and referred to a cardiovascular doctor. If this uninvited guest decides to take me to court over the eviction, would my documented EKG and a statement from the doctor help in court??
excon
May 23, 2009, 06:14 AM
If this uninvited guest decides to take me to court over the eviction, would my documented EKG and a statement from the doctor help in court???Hello t:
No. The only issues will be the legality of the residency.
excon
ScottGem
May 23, 2009, 06:29 AM
As excon said, your health issues have no bearing on the evixtion process. However, you MIGHT be able to sue him if it can be proven the stress is primarily from this situation.
trilbytrouble
May 25, 2009, 06:16 PM
If the eviction of my not welcomed anymore guest does go to court, what claims could he have for wanting to stay? What does it mean he would have to prove his " Legality of residency?" There was and is no legal binding contract; He doesn't contribute to any of the bills; He does not give us any money at all; All he has is mail coming here.To me, he is just a taker and will do or say anything to not be evicted!
Fr_Chuck
May 25, 2009, 06:19 PM
Depending on where this is, they can claim to be handicap and unable to move, pregnant and not able to move
They can ask for more time for various reasons.
What is your reason for eviction, if money, payment of rent, they may show up and pay rent and so on.
ScottGem
May 25, 2009, 07:59 PM
First please don't start a new thread for the same issue. I've merged your threads.
A tenant/resident has no rights to remain in a residence if the owner/leaseholder wants them out. Unless there is a lease that gives them rights.
However, a tenant/resident does have the right to not be summarily kicked out. That's why you need to follow procedure to evict.
JudyKayTee
May 26, 2009, 07:15 AM
Basically you NEVER know (or can guarantee) what the "other side" is going to say/do/argue. You won't know until you file eviction papers and go to Court. Otherwise, I agree with all the advice given - if anyone cares.
If you want this person out you have to begin eviction proceedings.
trilbytrouble
Jun 16, 2009, 11:24 AM
I finally have a court date tomorrow, June 17th
To go before a judge, hopefully to formally evict the loafer!! My lawyer stated that this guy said that he was giving us his EBT card to use to buy food. It was only $90.00 a MONTH!
We haven't asked for it anymore.Can he use that excuse for staying? He isn't working anymore and not giving a penny towards any of our necessary bills, like electric, water, etc.
ScottGem
Jun 16, 2009, 11:32 AM
No, even if you were using his card, that doesn't cover everything. Also, since he's a month to moth you have the right to terminate his tenancy. With proper notice.
trilbytrouble
Jun 18, 2009, 08:39 PM
My unwanted tenant is gone! My husband & I went to court the 17th, as did our " tenant", and he represented himself. Our lawyer explained the facts as told by myself, and
Our " tenant" came prepared with some accusations regarding me lying about our agreement and also about a certain code violation. Also, he requested an additional 90
Days to find a place to live.( he had over 6 months to find one! ).The judge said no, and promptly said he had 24 hours to vacate the premises.He issued a finial judgement for eviction. Within 2 hours, after contacting his parol officer, he had packed all his belongings
And left! The eviction process does take quite a while, and it's also stressful to family
And friends, but the results were worth the wait! :) :) :)
ScottGem
Jun 19, 2009, 05:02 AM
Thanks for letting us know and congratulations for prevailing.