[Trycar]

-I am writing in to get some feedback from a professional on the following:

My mother has allowed my youngest sister who is 22 years of age to move back into her home since about 1 month ago. My mother allowed her stay with the understanding that she would gain employment and then locate another place to reside(i.e. with a friend/roommate). My sister is VERY DISRESPECTFUL, FILTHY, RUDE and everything else you can imagine without breaking any laws in the state of Florida. This past weekend there was an incident in which the police had to be called because my mother asked my sister to leave her home. FYI: She DOES NOT PAY RENT or ANYTHING. Of course, my sister refused and said she doesn't have to go anywhere - she has 30 days. We explained to the police that most of my sister's belongings are in her car and she was not allowed to bring them in as a condition and understanding that she would be locating an alternate place to reside. The police informed my mother that she had to allow my sister to stay and in order to put her out she needs to serve her an eviction notice as if it were a Landlord-tenant dispute/issue. I couldn't understand this since there is no LEASE or AGREEMENT of any kind to provide monetary means for room and or board. Now that this has occurred my sister has been making my mother's life HELL in HER own home. I truly would like to throw her out on her sorry behind for all the STRESS and HEARTACHE she's causing my mother.

We spoke to someone who told us that the 30 day eviction doesn't apply in this case because she isn't paying any sort of compensation for residing in the home and that we could file a petition and have it served for her to remove herself and her property from the premises within a shorter period. Is this true??

Please HELP - I want my mother to have some sort of PEACE SOON. I am trying to remain the mature calm individual that I usually am - but this girl is really pushing buttons in me that I never knew existed - let alone for my own family.

[excon]

Hello Try:

She's a trespasser! However, you gave the cops a way out, and they took it. What?? You think cops are there to help you?? Bwa, ha ha ha.

They've really put your mother in a bind. I agree with whoever gave you advice. You can't evict a trespasser. You can only evict tenants. The cops have decided she's tenant. The courts are going to think she's a trespasser.

You could put her out and change the locks, but if she calls the cops, they're going to let her back in. Evicting her, therefore, is the only recourse you have available to you. Let's hope it works.

excon

PS> Yeah, I think cops suck.

[rockinmommy]

Start eviction proceedings immediately!

Your mother could also try calling the police herself at a different time of day than they came before (so she won't inadvertently get the same officers) and say, "there's someone trespassing on my property who won't leave." Only refer to her as a trespasser. Don't say she was [U]living[U] there, or staying there. Say that she was visiting and now she won't leave. The power of suggestion can be a powerful thing.

Also check your state's property code. Check in the first post in this forum to see if it has the info you need. See how the state defines tenant, tenancy, etc. If you find things that make a case in your favor have those laws printed out to show to the police when they come if they try to say she has to be evicted.

Good luck.
Karla in TX

[ScottGem]

There is often a fine line between tenant and guest. Also the police only enforce the law, they don't interpret it.

I would do the following, I would present sis, in front of witnesses, an document that states:

You were allowed to stay temporarily as a guest in this house under the condition that you quickly find some place else to live. Since you have not made an attempt to do so and since you have abused the priveleges of a guest, you need to leave the premises before the end of the day. If you refuse to do so you will be put out forcibly.

If she doesn't leave call the police again. Tell them you have a guest in the house that is refusing to leave. And you need help removing the trespasser.

[GoldieMae]

Most cops are stupid. (Sorry to any of the cops on here, as they are smart and clearly exempted from this statement) But in this case they are right! Your mom has to sue her.

Florida law is slanted in favor of squatters, which is what she is. Your mom can't change the locks or anything. She actually has to sue her for "unlawful detainer."

:mad: :mad: :mad: :mad: :mad: :mad:
Here's a little food for thought.

Tampabay: Law slanted in favor of unwelcome guests

[ScottGem]

Goldie has provided you with a very pertinent article. Read it. I'm going to amend my advice. Change the last line of the letter I recommended to: If you refuse to do so we will be forced to take legal action to have you removed.

If she doesn't move then file the "unlawful detainer" that the article talks about.

[rockinmommy]

Wow! That article is frightening!

I agree, after reading that, I'd start unlawful detainer proceedings immediately!

In the mean time, I'd make her life as uncomfortable as possible. You can't turn off utilities, but I'd remove all food from the kitchen, take TV, computer, anything like that out of any common areas. Just basically strip it down to bare bones. I'm guessing with no job she doesn't have $$ for food and entertainment. If she's going to be there, at least make it completely unenjoyable and un-cushy for her.

[Trycar]

Oh my mother has already begun the process of making her life as UNCOMFORTABLE as possible: she's removed all food from the fridge and cabinets. She's turned of the Central air - my mom uses her wall unit ac in her bedroom. She has also removed all televisions in all common areas and closed her DSL account.

THANKS SO MUCH for your responses and advice. THANKS-A-MILLION for the article it was very useful/helpful. I'm going to let my mom know so that we can get things underway.

Once again - THANK YOU LADIES & GENTS! It is MUCH APPRECIATED.:)