Ask Me Help Desk - Living in FL with an !

Me and my 3 kids are currently living with my "so called" fiancée. The relationship has recently went sour. There was never a rental agreement and I basically paid all the house bills and he paid the mortgage being that his name only is on the mortgage. He recently moved an "unsavory person" and the person's girlfriend and daughter into the home which is by the way a 3 bedroom house with living room and den. Because of an argument, he obtained a non-lawyer agency to write up a 7 day notice evicting me from the premises stating that I was not maintaining the "financial obligations" of the home. He also stated because I have too many kids (on the notice) as a reason of eviction. A couple of days later he provided me with a 3 day notice requesting payment of 1200 for rent and use of the house. Is this legal? There was never a rental agreement, verbal or written! He then stated "if I changed my ways and just give him a little, he would stop the proceedings". Additionally, he stated the sheriff would be here to remove my things by the weekend. I thought in order to be evicted, you had to go to court and I have not received any court papers at all. I am planning on leaving but is in search of a place.

He's trying to intimidate you. Absent any written agreement to pay rent he can't serve you with a pay or quit notice. You say you have been paying the other household bills, do you have proof of that?

And no, the sheriff won't come without a court order.

However, you are considered a month to month tenant. In Florida, such a tnancy can be terminated with 15 days notice. So he's really going about things the wrong way (apparently getting bad legal advice). Or he's just trying to intimidate you into vacating.

Tell him you will be happy to move out, but you need time to find a new place. Tell him that the 7 day notice is meaningless because you have been paying your share of the house upkeep as a agreed. And, since there was no agreement to pay rent, the 3 day notice is also meaningless. Finally, tell him, that he cannot remove your or your property from the home without obtaining an order from the housing court. If he tries, you will sue him for an illegal eviction.

He can evict you but he can not get any 1200 back rent. A Judge most likely would tell him suck it up and chalk it up to lesson learned.
IF he has no proof that you were to pay more and you have receipts for what you did pay you should come out smelling like a rose.
The Judge will see it is a revenge thing because the relationship went sour.
Move when you are able and be glad you got away.

With what you have said you may be able to countersue him for illegal eviction. I think you have to move first though IDK you need to file it asap that you are allowed to,
He should have given you a 15 day written eviction notice. Then went to court for a Court ordered 15 day eviction notice. Then after the 30 days (15+15) the sheriff comes.
IF the sheriff does come tell them that he is evicting you illegally and you filed (or are filing) a countersuit against him for that.
I think he may be bluffing to get you to leave before 'the sheriff' shows up.

Thanks for your help! And yes I do have proof, the bills were paid through my checking account. Would it be in my best interest to obtain legal aid at this time? I can't afford a private lawyer.

I don't think you need an attorney yet! I do have to partially disagree with NoHelp4u though. I don't see an illegal eviction yet. He can serve you with whatever notices he wants, But he can't remove you from the premises or change the locks. If he tries going to court with either the 3 or 7 day notice he gave you, he will lose.

Quote:

Originally Posted by ScottGem

I do have to partially disagree with NoHelp4u though. I don't see an illegal eviction yet. He can serve you with whatever notices he wants, But he can't remove you from the premises or change the locks. If he tries going to court with either the 3 or 7 day notice he gave you, he will lose.

That is why I said I think she may not be allowed to go through with a countersuit yet because she has to wait for the right time since he hasn't evicted her yet.
Allowed as in what does the law say

My point was that, to sue for an illegal eviction, she has to be forced out of the house. This is not yet the case. If she moves out there is no illegal eviction. Up to this point all the homeowner has done is given her notices to move which will not stand up in court. None of that is illegal until he files for a court issued eviction order.