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View Full Version : Does Transient Occupancy become Tenancy


wrecksann
Sep 3, 2010, 08:47 AM
If they receive mail? How about if they change their Driver's License and Vehicle Registration to the address? Does that then make them a "Tenant" under Florida Law? This person is a sole occupant of my "Guest House" currently, but did allow some of my other guests at one time for a period of 3 weeks. He has been there for 2-3 months.. The verbal agreement was for 2 months at the time he took possession of the mobile home. He pays no rent (per our original oral agreement) or utility bills. The home and all related expenses are under my accounts.

smoothy
Sep 3, 2010, 09:03 AM
As far as I understand... yes. Even if they are sleeping on your couch in the living room if they are allowed to remain long enough... and that is far less than 2-3 months. Then a legal eviction would be required.

smoothy
Sep 3, 2010, 09:58 AM
I honestly don't known at preciecely what point that would occur. Because real estate laws vary state to state its not hard to assume that may vary state to state as well.

AK lawyer
Sep 3, 2010, 10:16 AM
Florida statute 83.43 Definitions.
(4)“Tenant” means any person entitled to occupy a dwelling unit under a rental agreement.

(7)“Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.

83.67Prohibited practices.

(1)A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether the utility service is under the control of, or payment is made by, the landlord.

(2)A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.
...
I don't see anything more specific prohibiting a LL from ousting a tenant, but such prohibiiton is commonplace in many state LL-tenant statutes.

ScottGem
Sep 3, 2010, 02:11 PM
First, please don't use the Comments to post a follow-up. That's not what they are for. Use the Answer This Question options.

Second, as per the statute AK posted you have an oral agreement providing for use and occupancy of the premises. Ergo he is a tenant and needs to be evicted. However Florida law states that a month to month tenancy can be terminated on 14 days notice.