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-   -   Eviction from Rooming house (https://www.askmehelpdesk.com/showthread.php?t=727300)

  • Jan 10, 2013, 11:59 AM
    cledwards
    Eviction from Rooming house
    I have lived at a rooming house for 3 years the manager has added the 509 statue to t he terms of their license in the state of Floridian Jacksonville they are not evicting the tenants they are now trespassing them and throughout them for any reason they can if they have a problem with you. The house man has a long criminal history and still has the prison mentality they put out some one for opening the door for some one after hours the police agreed and the other cop that was called didn't were do I stand if this happens to me? I am the next target on their hit list simply because I stand up for people
  • Jan 10, 2013, 12:42 PM
    JudyKayTee
    You cannot simply be thrown out if you pay rent and don't cause problems. You would need to be evicted. Section 141 refers to unruly guests. The Police, of course, can remove anyone who is unruly. That person can also be arrested and prove his/her innocence in Court.

    "509.141 Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave.—
    (1) The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest of the establishment who, while on the premises of the establishment, illegally possesses or deals in controlled substances as defined in chapter 893 or is intoxicated, profane, lewd, or brawling; who indulges in any language or conduct which disturbs the peace and comfort of other guests or which injures the reputation, dignity, or standing of the establishment; who, in the case of a public lodging establishment, fails to make payment of rent at the agreed-upon rental rate by the agreed-upon checkout time; who, in the case of a public lodging establishment, fails to check out by the time agreed upon in writing by the guest and public lodging establishment at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to checkout; who, in the case of a public food service establishment, fails to make payment for food, beverages, or services; or who, in the opinion of the operator, is a person the continued entertainment of whom would be detrimental to such establishment. The admission to, or the removal from, such establishment shall not be based upon race, creed, color, sex, physical disability, or national origin.

    (2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows:
    “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

    If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of such day.

    (3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    (4) If any person is illegally on the premises of any public lodging establishment or public food service establishment, the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or without warrant, the guest will be deemed to have given up any right to occupancy or to have abandoned such right of occupancy of the premises, and the operator of the establishment may then make such premises available to other guests. However, the operator of the establishment shall employ all reasonable and proper means to care for any personal property which may be left on the premises by such guest and shall refund any unused portion of moneys paid by such guest for the occupancy of such premises."
  • Jan 10, 2013, 01:15 PM
    ScottGem
    Its not a good idea to piggyback your question on another thread. To avoid confusion your question has been moved to another thread.

    Converting or classifying the rooming house under the 509 statute does allow the operator to declare you an undesirable and require you to immediately vacate. Even if your rent is paid up in advance it can be refunded. The real problem here is the operator of the rooming house can easily trump up something to declare you undesirable.

    There really isn't anything you can do about it. I would be looking for a new place to live.

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