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Im a single mother. Right now we live in a mans trailer that offered to help us out until we got back on our feet. Now that he knows I won't date him he is kicking us out this coming up Monday. July the 13th. He just told us today. Saturday July 11th. The deal was we just keep the bills up and there would be no rent. We he found out I wouldn't date him he decided to make it $400 rent. Now he just said get out. Can we do anything about this?
Thank you,
You tell him that he has to give you a written eviction notice with so many days to vacate and then he has to go to court and file a formal eviction. If he doesn't believe you he can call the police and they can tell him.
You get mail there, you pay the bills=you are a tenant and you have tenant rights.
what state do you live in? I will look up how many days he has to give you.
I live in Pensacola, Florida.Quote:
Originally Posted by N0help4u
If there is no writtenn lease, he has the right to change the terms and amount of the rental monthly amount.
If you can not pay, ( after he has given you a 30 day notice of change of payment) he can evict you.
He also as landlord can give you a 30 day notice to move for any or no reason.
So yes he can make you move but should have to do it legally.
Of course after he throws all your stuff out, the only thing you can do is hire an attorney and sue him for illegal eviction but you have lost all of your stuff by then.
Florida is a three day written eviction notice.
Then if you do not leave he has to go to court and get another three day notice from them.
Then if you still don't leave he can get the sheriffs to escort you off the property.
Also Florida does not require a written lease but it is good to get one for your own protection.
Do you think that for the reasons he has done this for and the way he has handled this, that I could possibly sue him?Quote:
Originally Posted by N0help4u
If he kicks you out without following proper procedure you can. If you willingly leave then you don't have a case cause it would then be mutual.
I read further down the page and it is a little more involved than what I said so far.
NOTE: The forms used for filing an eviction for possession only, may be obtained from the Clerk of Courts.
Step I. Three-Day Notice to Tenant(s) - The statutory, three-day Notice to Tenant(s) must be served by mail, hand delivered or posted prior to filing an Eviction Action.
Step II. Paperwork and Filing Fee Needed for Filing Eviction After Giving Tenant(s) the Three-Day Notice
Complaint for Tenant Eviction (form may be obtained from Clerk)
Copy of the three-day, statutory Notice to Tenant (defendant)
Lease/Rental Agreement (if applicable)
Filing Fee of (Check with your County Clerk) in form of cash, check, MasterCard or Visa, certified check, or money order payable to (Check with your county clerk).
Service of Summons Fee of $?? For each tenant (defendant) in form of check or money order and payable to SHERIFF OF YOUR COUNTY, plus a self-addressed stamped envelope with sufficient postage.
Florida Evictions
Thank you for all of your help. I appreciate the information.Quote:
Originally Posted by N0help4u
Is that for non payment or for any termination of tenancy? As far as I know its 15 days for a month to month tenant.Quote:
Originally Posted by N0help4u
I believe the landlord would have to give the OP 30 day notice of a change in the terms of tenancy, before he can use a 3 day pay or quit notice.
That would be to her advantage.
Here is the link and hopefully you understand it better than I am.
Florida Evictions
This site gives a better explanation:
Florida Landlord/Tenant Law Division of Consumer Services, DOACS
It requires a 7 day notice for breach of lease, 3 days only if rent is past due or the tenant is materailly damaging the property. It also provides 15 days for terminating a month to month. So, unless the OP is damaging the property, the landlord has to give at lease 15 day WRITTEN notices.
I couldn't find anything about changing lease terms, but but I would think at least 15 days notice would be required.
Okay so with that it looks like she should get a 7 day written eviction notice and then he can take it to court if she doesn't leave.
Except for the failure to pay rent, a landlord must notify you in writing of any shortcomings and give you seven days in which to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process based on non-compliance.
His basic claim seems to be that she will not comply to being his girlfriend.
Or she could give him the $400. Rent.
I doubt if a court would accept that as a shortcoming in her responsibility as a tenant. I would sure like to be in that courtroom if he tries that argument ;)Quote:
Originally Posted by N0help4u
Legally speaking, depending on how long you lived there, you'd probably be entitled to a 30-day notice. But speaking on a more personal level, it sounds like an undesirable and potentially dangerous situation that, the sooner you get out, the better. If this guy's frazzled because you won't "date" him and is now kicking you out and suddenly charging you rent I don't think you want to keep yourself and your children around ; this could get real nasty real fast.
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