My ex-boyfriend & I moved into a mobile home from an apartment with the same landlord in 02.2007. We were at the apartment for little under 3 years. My name was not on either lease, but the landlord knew that I was living at both places. All of my belongings are here & I receive all of my mail here. In July, my ex moved out. I was able to pay rent for a few months. I had a baby in October 2007 & lost my job. My ex has not paid the rent either. Now, the landlord says that because my ex no longer lives here, I am trespassing & need to be out by 12.07.2007. I explained to him that I am planning on leaving but just need until the end of 12.2007. I have a 2 month old & a 6 year old & Im having a hard time to find somewhere to go. I was visited by a court officer today 11.30.07 who gave me papers from the landlords attorney stating about being out by 12.07 or he (landlord) will call the cops on me for trespassing. He has threatened to tow my car and the landlord turned my water off the night before Thanksgiving, which I was able to get back on. My question is, can the police make me & my kids leave on the 7th (with or without my things)and what is the next step as far as the eviction goes? I need HELP PLEASE!!

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Originally Posted by piercinbluz

My ex-boyfriend & I moved into a mobile home from an apartment with the same landlord in 02.2007. We were at the apartment for little under 3 years. My name was not on either lease, but the landlord knew that I was living at both places. All of my belongings are here & I receive all of my mail here. In July, my ex moved out. I was able to pay rent for a few months. I had a baby in October 2007 & lost my job. My ex has not paid the rent either. Now, the landlord says that because my ex no longer lives here, I am trespassing & need to be out by 12.07.2007. I explained to him that I am planning on leaving but just need until the end of 12.2007. I have a 2 month old & a 6 year old & Im having a hard time to find somewhere to go. I was visited by a court officer today 11.30.07 who gave me papers from the landlords attorney stating about being out by 12.07 or he (landlord) will call the cops on me for trespassing. He has threatened to tow my car and the landlord turned my water off the night before Thanksgiving, which I was able to get back on. My question is, can the police make me & my kids leave on the 7th (with or without my things)and what is the next step as far as the eviction goes? I need HELP PLEASE!!!

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If you are not on the Lease you are trespassing. He could evict you for this alone. If you are living there and not paying rent he could evict you for that.

Your landlord cannot legally turn off the water in an attempt to force you out without going through the necessary steps to evict.

I think I'd consult with an Attorney, legal aid if you have to.

I understand he can evict me but I need to know if I have a little bit more time than until the 7th. I live in Florida.

When you paid rent to the landlord for at least one month, and the landlord accepted it, you became a month-to-month tenant. Depending on the laws in your state, the landlord has to give you at least 15 to 30 days written notice of his intention to terminate the tenancy. If the landlord is trying to evict you for non-payment of rent then he has to give you a 3, 5, 7 or 10 day notice to pay or vacate the premises.

If you haven't left within the time of the notice then the landlord has to file a lawsuit for eviction. He cannot have the police remove you if you are considered a tenant. Be prepared to show some kind of written proof that you paid rent directly to the landlord, such as a cancelled check or rent receipt.

Call Legal Aid in your area as soon as possible. They may be able to help you get some reasonable period to find a new place and move.

By the way, it was illegal for the landlord to turn off your water. You can file a lawsuit against the landlord for that and a judge can grant you up to 3 months rent as compensation.

Check out Florida Landlord/Tenant Law Division of Consumer Services, DOACS.

This landlord sounds like a piece of work. But worse his attorney is aiding and abetting his misuse of the law. I don't think you need a legal aid lawyer, I think you can find a regular attorney who will take this on contingency. Because, from what you have told us, you are not trespassing but are a month to month tenant. So the attorney is misusing the law in threatening you with trespassing (I doubt if that was a real court office). In addition, there is NO question that the landlord overstepped the bounds in shutting off your water. So I would think you have a decent case against the landlord and his attorney. Go after them!

Thanks so much for your suggesions & help! I will certainly call an attorney & find out what I can do about him shutting off the water & about him accepting my payment!

Dif you pay by personal check or MO? Do you have receipt if you paid by cash? ANY proof that he accepted payment from you removes his trespassing claim. And if you aren't a trespasser, then his attorney is also on the hook.

I actually gave the money to my ex to put in his account & then I went and paid it. I do have the receipt although it doesn't have my name on it, it just says where it was applied to and paid by debit card. Would that be proof enough?

As long as it says it was applied towards rent and you can trace it to you it should suffice.

Hi,

I as a LANDLORD are dealling with a situation. I certainly looked up the Florida Statues (simple). You are not on the lease (legally) might be a problem. But if time went by and you paid the Landlord(proof) and he/she knew it,(accepted $$) well they can't win on that.
Also I am almost positive there are rules in children(minors) placed out on the street.
Please let me tell you I(landlord) have been SO understanding and gave my tenants SEVERAL chances and time for them to rectify their "excuses".
One may not turn off utilities (gas, water, electricity) things like cable, internet, phone do not fall into this category (NOT NECESSITIES). I am surprised an Attorney would arrange or even suggest to have such thing occur.
I think only IF you have REAL proof of payment & in your NAME will you have clout to defend your rights.

Hello p:

No, the police won't put you out. Eviction is a court procedure. It'lll take close to a month even if the courts are fast. If he turns off your utilities again, call the cops YOURSELF.

excon