antoniodawson
Nov 2, 2012, 06:53 AM
If you live with someone over 6 months, can they through you out without an eviction?
ScottGem
Nov 2, 2012, 07:48 AM
Probably not. Generally, if you can establish a place as your place of residence, then you would have to go through the process.
But the process starts with a formal notice to vacate. For FL this can be as little as 15 days notice. Only if you refuse to leave does your landlord need to go to court for an eviction.
AK lawyer
Nov 2, 2012, 10:01 AM
What do you mean "through you out"? I understand that you mean "throw", but what are they trying to to do in order to make you leave?
They can demand you leave.
They possilby might not, however, get away with changing the locks, putting your stuff on the curb, etc.
It depends.
"83.67. Prohibited 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 or not 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.
...
(6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages." https://a.next.westlaw.com/Document/N20B6BDF01F6411DCAD74BE3329AD59AB/View/FullText.html?originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
However see the definitions of the terms in bold in the above-quoted statute:
"83.43. Definitions
As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:
...
(2) “Dwelling unit” means:
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
...
(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons.
...
(3) “Landlord” means the owner or lessor of a dwelling unit.
(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." https://a.next.westlaw.com/Document/N1ABD2230398111DDBF5593D57BABFCCA/View/FullText.html?originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
So, it is my position that the statute does not apply.