OKay.. My husband and I just relocated from out of state with some friends of ours. We were able to purchase a home before our friends did and told them they could stay with us till they bought a home. BIG MISTAKE. They have only been in the house a month yet I feel likes its forever. Tension is running really high. They are using this as they're address and they have a key. They do not pay me rent but they help out with the food and some of the utilities. My husband and I have told them that it is getting sticky and we need them out by the end of the month. She was not very happy about it and I feel like they are going to try to avoif the situation and not leave. What are my rights? What are their right? Someone HELP ME!

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Originally Posted by monica1tam

OKay.. My husband and I just relocated from out of state with some friends of ours. we were able to purchase a home before our friends did and told them they could stay with us till they bought a home. BIG MISTAKE. They have only been in the house a month yet I feel likes its forever. Tension is running realy high. They are using this as theyre address and they have a key. They do not pay me rent but they help out with the food and some of the utilities. My husband and I have told them that it is getting sticky and we need them out by the end of the month. She was not very happy about it and I feel like they are going to try to avoif the situation and not leave. what are my rights? What are their right? Someone HELP ME!!

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If you want them out and they don't want to go, you'll have to evict them. You can ask them to leave but it sounds like they don't want to.

What State?

Florida

At this point they are not your guests, they are your tenants.

There's a "sticky" at the top of this forum with a link to each state's landlord / tenant laws. That's what you now need to follow.

I believe in FL you can end a periodic tenancy (like a month - to - month, which is what you have here if they didn't sign a lease) with 15 days notice.

Give them a written notice. Honestly, I'd have some non-related person witness you giving it to them. Then if they're not out at the end of that time you'll follow the appropriate eviction proceedures.

Starting now, document everything. Everything they agree to, everything they do that could / would be considered a lease violation (at this point your "lease" with them is basically the state's laws). DON'T agree to anything verbally. If you have a converstaion and they agree to something verbally, I'd follow it up with a letter saying, "as you stated in our conversation this afternoon, Sept. 16, ....................................." This way if it winds up that you have to go to court to evict them you'll have all your ducks in a row.

Well I have refused them to accept any money from them. My husband and I told them that they had 2 weeks to vacate the house and also told them that we did not want ay financial help at all for any of the utilities. I explained to them that we would rather them save that money and use it to find a rental. I wrote her an email explaining this information and stating how because of all the verbal arguments etc. we had decided that they had to vacate we don't fell it appropriate to accept any money and for them to get a rental. Does the law still consider them a tenant.. or at this point since they have not contributed a dime to live here are they just house guest that have overstayed their welcome and have got to go?

If they are LIVING there - not visiting - then they are tenants. If that's their only address right now. Unless they have a home somewhere else where they receive mail, maintain a furnished residence, etc.

To be on the safe side, consider them tenants, read the laws I directed you to, and follow that procedure. Then you're covered. Otherwise, you run the risk of having them come back on your for an unlawful eviction. That's the most quick way to legally get them out. Keep in mind, they are probably getting desperate - otherwise, if they had somewhere to go, they'd probably go. Desperate people do crazy things.

I think it's very important at this point that you cover your behind. Like I said, do everything in writing... pen and paper or typed out... NOT email.

You could go two ways on this... legally, treat them as tenants and go through the proper eviction proceedures. You're fortunate that FL is a very landlord friendly state. You can get them out fairly quickly.

OR, just throw them out. Chances are they won't do anything but pout and throw a hissy fit and say bad things about you to other people. BUT, if they somehow wise up to the fact that their legal rights were violated and they were actually entitled to be treated as your tenants and formally evicted they could come back on you for unlawful eviction and the penalties for that can be stiff.

Just out of curiosity, what is their time line for leaving? What are they telling you they're doing or going to do?

My husband and I told them last Sunday that they had till the end of the month. We gave them over 15 days to vacate the property. Her husband took it well even though he was a bit surprised, she pitched a fit and started crying as to its not fair. They wanted to ask for an additional 60 days to stay in the home and we said no. That it was not a condusive environment for us and our kids and we could not have them here especially if we had any intention of salvaging the remains of this friendship.. which frankly I can care less about right now. I know they are considered tenants under law even though it is inconclusive but when I hand them something or even email she simply states that we live in the same house we can talk about it in person. My husband which is a police officer has told me we should just wait to see what happens at the end of the month which is their deadline. I have spoken with HUD as well as FL fair housing and Consumer they all tell me the same.. she's considered a tenant and everything is in writing.
Now she does receive some mail at another location.. She owns three other properties. Two of which she has rented.. one of those she has paid off. Her main property which is vacant right now and fully furnished and was her primary home till a month ago is in another state. Does that mean anything?

You have allowed them to become month to month tenants so evict them like Judy told you at the start. Evictions laws vary from state to state so you should do some surfing but it won't be a two week notice. Her other properties and the status of them does not play into your situation.

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Originally Posted by ballengerb1

Evictions laws vary from state to state so you should do some surfing but it won't be a two week notice. Her other properties and the status of them does not play into your situation.

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Yes, as a matter of fact, it is a 15 day notice for a month - to month tenant in FL. Copied from Florida Property Code:

Section 83.57, F.S.
Termination of tenancy without a specific term - days of written notice required (prior to termination):

Weekly --------- 7 days
Monthly -------- 15 days
Quarterly ------- 30 days
Yearly ---------- 60 days

Now, since they haven't been paying rent I guess they could argue that they're not specifically month - to - month, but that's pretty much the default.

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Originally Posted by monica1tam

when I hand them something or even email she simply states that we live in the same house we can talk about it in person.

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It doesn't matter what she states. You conduct your communication in writing and your behind is covered.

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Originally Posted by monica1tam

My husband which is a police officer has told me we should just wait to see what happens at the end of the month which is their deadline.

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I hope I'm wrong, but I strongly fell that if you do "just wait" you'll be in the same position at the end of the month you are today... needing to give them notice.

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Originally Posted by monica1tam

I have spoken with HUD as well as FL fair housing and Consumer they all tell me the same .. shes considered a tenant and everything is in writing.

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You're getting the same answer from every direction... why are you having such a hard time believing ALL of us? What answer are you looking for?

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Originally Posted by monica1tam

Now she does receive some mail at another location.. She owns three other properties. Two of which she has rented.. one of those she has paid off. Her main property which is vacant right now and fully furnished and was her primary home till a month ago is in another state. Does that mean anything?

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No, that doesn't mean anything. She's LIVING at your house. If they've asked for another 60 days, they are LIVING at your house. They are your TENANTS.

I guess at this point I don't understand what you're looking for or what we can do to help. You've been given the same advice from multiple sources. Following that advice will be the most quick, legal way to get them out at this point. And with hubby being a cop I definitely think the legal route is the way to go!

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Originally Posted by rockinmommy

I guess at this point I don't understand what you're looking for or what we can do to help. You've been given the same advice from multiple sources. Following that advice will be the quickest, legal way to get them out at this point. And with hubby being a cop I definitely think the legal route is the way to go!!

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I agree - this is another post where the OP seems to want to argue or explain, not listen to legal advice.

I do not want to argue. All the opposed. I want to resolve this matter that someone I seem to have gotten myself into because we are decent and kind people that seem to be taken advantage of. I apologize if I am reestablishing the same question. I am now aware that the state considers them my tenants. I do admit that it was very difficult to understand that when you have just told someone out of the goodness of your heart sure you can stay with me for a few weeks while you get settled and now they are taking you for a ride. So yes, the fact that I cannot just tell them pick up your s_ _ t and get out is a bit frustrating. The only reason I have researched everything is for the purpose that I don't get myself and my family into problems and we are fully informed of our unknown situation that we have placed ourselves (somehow) in. I appreciate all the info that everyone has given me. It has been very informative and I have taken everything into consideration and I am now very confident that the steps I am taking are legal and true to what I am required by law. Thank you

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Originally Posted by monica1tam

I do not want to argue. All the opposed. I want to resolve this matter that someone I seem to have gotten myself into because we are decent and kind people that seem to be taken advantage of. I apologize if I am reestablishing the same question. I am now aware that the state considers them my tenants. I do admit that it was very difficult to understand that when you have just told someone out of the goodness of your heart sure you can stay with me for a few weeks while you get settled and now they are taking you for a ride. So yes, the fact that I cannot just tell them pick up your s_ _ t and get out is a bit frustrating. The only reason I have researched everything is for the purpose that I dont get myself and my family into problems and we are fully informed of our unknown situation that we have placed ourselves (somehow) in. I appreciate all the info that everyone has given me. It has been very informative and I have taken everything into consideration and I am now very confident that the steps I am taking are legal and true to what I am required by law. Thank you

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Good. Perfect. If you do that, you will have all your bases covered.

PLEASE report back to us in a couple of weeks and let us know how everything went. It would be helpful to us to hear the outcome.