[jboy318]

My wife's Aunt has been living with us since April, we asked to start paying the electric bill as means of rent(if you want to call it that) Well she was saving up for a car in August, paid a double payment in September and then went ballistic when the bill was doubled again this month October. She paid June,July,September, and October. Now she says she can't afford to live here and is looking to move out. I don't want her to be here if she said disparaging remarks about us. I want her gone so I need to know what to do?

[twinkiedooter]

I don't understand your term "doublee" in October. If you live in Florida your a/c bill will diminish starting in November to practically nothing.

If you want her gone, tell her. If she won't leave, then file a formal eviction for her to leave. Look at the sticky at the top of this topic to see how to do this.

[rockinmommy]

Right. If there's no written lease with her she is a month - to - month tenant. You need to give her a 30 day notice to terminate her tenancy. (Actually, FL law allows for a 15 day notice for month - to - month tenants, but make sure you read the law carefully so you're doing everything right.)

Then if she doesn't leave you have her evicted. Communicate with her in writing at this point. I would NOT make any verbal demands or agreements.

If she hasn't paid her "rent" (being the elect. Bill), then you can evict her for non-payment of rent.

I don't understand where your comments about her making disparinging remarks comes from. I thought this was about her not paying the electric bill. You can't evict her for "disparaging remarks" that I know of.

[jboy318]

What do I do for the 30 day written notice, is it something I go through with the courts or is it something that I write at the house.

[rockinmommy]

I'm sure there are form letters available.

Basically it just needs to be dated, from you, to her and state that you are giving her a 30 day notice that her periodic (month - to - month) tenancy is being terminated. And list the date that she is to be out by.

Like I said, in FL it's actually only 15 days for month - to - month, but you'll want to double, triple check the law to make sure there's nothing tricky. There's a link to each state's laws in a "sticky" at the top of this forum.

THEN, if she's not out by that time you would go to the court to actually file an eviction suit at that time.

One other thing to check the law for... make sure it can go from the middle of the month to the middle. In some instances it must be for a "rental period", so from the first to the first. But usually that's regulated by the lease more so than the law. It's more for the landlord's benefit.

[jboy318]

What could happen now that my wife delivering the fifteen day eviction notice, her Aunt threatened bodily harm to my wife and my wife is now contemplating restraining order against her. My question is how could this play out?