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-   -   Non paying person who won't leave (https://www.askmehelpdesk.com/showthread.php?t=339898)

  • Apr 10, 2009, 10:27 AM
    rach6386
    Non paying person who won't leave
    We felt bad for a guy who was down on his luck. He lost his house, job and just got surgery. We invited him in to our house but he was under the impression that it was a short term deal. Then he won't do anything around the house. Not take the trash out, he won't shower or clean his room or help with anything around the house. He recently got his VA disability pension so we now feel like he can afford to get out and not live on the streets. However now he is wasting his money buying televisions, phones, etc. He doesn't pay any rent but lives here and gets his mail here. I live in Florida and need to know if I can just kick him out now or do I legally have to give him notice. If so how long of a notice do I need to give him. If he isn't a paying tenant I think it is only 7 days. If this correct? Please help!! :mad:
  • Apr 10, 2009, 10:54 AM
    LisaB4657
    You can't just kick him out because he is considered a legal resident now. You have to give him at least 15 days written notice that his tenancy is terminated. If he doesn't leave within those 15 days then you have to file a lawsuit for eviction.
  • Apr 10, 2009, 10:57 AM
    rach6386
    What if we tried to kick him out in November?? We told him that he had two weeks and he is still here. But it was don't orally. Does that change anything?
  • Apr 10, 2009, 11:36 AM
    LisaB4657
    A verbal notice isn't good enough. You have to give him a written 15 day notice.
  • Apr 10, 2009, 12:13 PM
    ScottGem

    He is considered a periodic or month to month resident. In FL a written 15 day notice is required.

    If this has been going on since before Nov, then you have been very foolish in letting it go on this long. As soon as he received his VA check you should have told him that its time to find his own place. If he made no move to do so, you should have served him immediate written notice.

    You need to stop being a doormat and take appropriate action.
  • Apr 10, 2009, 03:06 PM
    ballengerb1

    I am thinking outside the box for a moment. Who is feeding him?
  • Apr 11, 2009, 11:10 AM
    rach6386
    Quote:

    Originally Posted by ballengerb1 View Post
    I am thinking outside the box for a moment. Who is feeding him??

    He is getting food stamps.
  • Apr 11, 2009, 01:44 PM
    ballengerb1

    Got to laugh at that, we are allfeeding him if he's on stamps. No, I mean who prepares his meals?
  • Apr 18, 2009, 11:24 AM
    rach6386
    He now goes out everyday. He used to cook for himself but since he got his check he has been spending his money. I am serving him with a written notice on Monday. Thanks for all your help!!
  • Apr 18, 2009, 05:02 PM
    ballengerb1

    I am not 100% sure on this lttle technicality but I am not so sure you can serve him. I think you have to actually mail it to him, certifed mail, even though you are in the same home. You may need proff he was given written notice if you go to court. May Judy or Lisa can give their read on this or Scott.

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