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kotady · Aug 23, 2012, 06:13 PM

Person will not leave premises-spent a few yrs there as caregiver. The patient is deceased. The person has been living there free for about 3 yrs and we need to rent to someone else but she won't leave-has no money, no job, no car-nowhere to go.

smoothy · Aug 23, 2012, 06:19 PM

Paying or not, the procedure is the same... you evict them. Have them served with a 30 notice to vacate, because they are legally month to month Tenants... if they haven't gone in 30 days you go to court to have it enforced... and when you win the SHerrifs will put them and their stuff at the curb.

Or you can offer them some money if they leave now... payable as soon as they take their last item out and you change the lock behind them.

LisaB4657 · Aug 23, 2012, 06:23 PM

What state? If it's California then you have to give them 60 days notice. If it's Florida then you only have to give 15 days notice. Most other states you have to give 30 days notice.

But I agree with Smoothy. In this situation giving them money to go away might be the best method.

kotady · Aug 23, 2012, 06:25 PM

The state is Florida.

LisaB4657 · Aug 23, 2012, 06:35 PM

You can give them a 15 day written notice that their tenancy is terminated and they must move out. If they don't move out by the end of the 15 days then you have to file a lawsuit for eviction.

smoothy · Aug 24, 2012, 05:29 AM

Good point... Asking what State should have been part of my first answer. Got to remember that.

ScottGem · Aug 24, 2012, 05:36 AM

Why have you waited three years? Was there ever an agreement to pay rent? Or did they live free in exchange for caregiver services?

I have a slightly different interpretation of the Florida law on how much notice. The way I read it you have to give at least 15 days notice prior to the end of the rental period. If there was no rental agreement, therefore no rental period, I believe the courts assume a calendar month. So that would mean that you have to give 15 days notice prior to the end of the month, the next month end is Sept. I would check with a local real estate attorney to confirm this.

But the bottom line is you need to give them a vacate notice and if they haven't vacated by the deadline, then you go to court for an eviction order. A hearing will be scheduled and, unless they can convince a judge they are entitled to stay, an eviction order will be issued with another deadline. If they still haven't vacated, you hire a sheriff to physically remove them.