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My boyfriend and I have lived together for over 3years.. He and I live in his brothers Townhouse.. The boyfriend and I are in the process of braking-up.. All bills are in his or his brothers name. I have had no obligation to pay as If I am "A tenant." However, The boyfriend served me with A 15day notice out of spite.. Is this legal? Where are my rights? He has had complete control over this situation.. Is he just trying to scare me, or is this Ok? I live in Polk-Florida.
Yeah its legal... time to start looking for some place else to live. Its called eviction.
Ok.. I have been. I just Didnt-know if I had any rights.. But, thanks for the Sarcasm.. Must-be A similar history in your past. Still, thank you.. I only wanted to know.
Hello this:
Technically speaking, he has to give you notice on the last day of your rental period. If rent is paid of the 1st, then the notice BEGINS on the 1st. Secondarily, if you DON'T leave, it only means that he can START the legal eviction process, which could take another 3 or 4 weeks.
Now, I know he's not going to believe that you have CORRECT legal information, and it'll be uncomfortable for you to stay, but you have more time than you thought you did.
excon
No need for your "sarcasm" or attitude.Quote:
Originally Posted by thisIShappening
The law is what it is... why would you think you had any more "rights" than this? It applies to everyone in Florida equally.
And despite what you might want to believe... legally you ARE a tenant... one that is without a current lease, not paying anything doesn't change that... or put you in a special protected class.
And as excon added... you actually end up with more than two weeks to get out... but you will be out eventually so don't waste any of it.
Smoothy is right. I don't see any sarcasm in his initial post. He was simply confirming that the 15-day notice is "legal".
What "legal" means in this situation is that if you are not out at the end of the notice period, the ex can go to court to seek a court order that you be evicted. It's hard to say how long that will take in Polk County, but when a judge hears the eviction case it's likely that peace officers will be ordered to show you the door.
You are a tenant in the home, and do not appear to have any written lease in your name. So yes you can be evicted, I would believe the owner of the property, not boyfriend may have to be the one to give you notice, if you wish to fight it, in housing court for the eviction, but then owner would just do it, since it is family
I find this a bit odd, because I'm not sure what you think your rights might be. You are living, rent free, in someone else's home. Now that someone has decided he no longer wants you living in his home. So he is following the legal process to get you removed.Quote:
Originally Posted by thisIShappening
FL law requires that a tenant (and you qualify as a tenant because you are a resident of that home) be given 15 days written notice to vacate prior to when rent is due. Since you have no obligation to pay or due date for rent, then he can give you just 15 days to vacate.
If you have failed to vacate by the deadline, then he can proceed with obtaining an eviction order from the courts to have you physically removed.
Again, I wonder what rights you think you have in this situation. Maybe you thought he had to give you more notice or what?
P.S. I moved this from Family Law. This has nothing to do with Family Law. There is no familial relationship here. If, however, you were married, then this would be considered the family home and he would have to get a divorce and get the home as part of the divorce first. Maybe that's what you are thinking
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