[sunshine state]

I recently moved to Florida and bought a 1920 craftsman bungalow 4bedroom, 3bathroom fixer upper and a 3 car garage with a studio apartment above it.

Being a single disable male, on a fixed income, I figured I'd fix the place up over the years, to my liking.

A year passes and an old friend of mine calls me complaining about his landlord and problems he is having with them.

The next thing I notice, he and his family (girlfriend, 2 kids in diapers and his mother) are pulling in my yard with a u-haul with all their stuff, looking to rent my house.

At the time I was living above the garage, in the studio and the house was empty, as I was re-wiring and re-plumbing the home.

I talked with the family which had no money or place to go and they told me they transferred their jobs to the area and they would like to rent my home from me.

I thought it was cool and offered that they only pay the utilities. Plus,$150. A month toward my property taxes and pay for property insurance. A total amount equal to around $600. A month, roughly.

In 5 month's, I've received $260. And I've been stuck paying all their utility bills.

And by the way none of them work.

I've talked to them about our agreement and their responsibilities and they claim they can't find work, have no money. And if I would write them a rental contract and transfer the utilities in their names, they could get charities to pay the bills.

I just don't know what to do next. Because, I feel like a grinch. But, I can't afford to pay for their lifestyle.

OK, my question is:

What are they guest or tenants? How do I get rid of them at this point?

[Alty]

I'm not a legal expert, but as far as I know, if someone has lived with you for five months, and has paid some money towards the rent and or bills then they are considered a tenant.

The good news, it shouldn't be hard to evict them since they haven't lived up to your agreement, the bad news, you will have to legally evict them, and I think you'll be required to give them 30 days notice to leave your property.

You got taken advantage of, and the sad thing is, you'll continue to pay for this mistake for some time. Best to get them out asap because they aren't going to change.

Good luck.

[Ferghus]

i recently moved to florida and bought a 1920 craftsman bungalow 4bedroom, 3bathroom fixer upper and a 3 car garage with a studio apartment above it.

being a single disable male, on a fixed income, i figured i'd fix the place up over the years, to my liking.

a year passes and an old friend of mine calls me complaining about his landlord and problems he is having with them.

the next thing i notice, he and his family (girlfriend, 2 kids in diapers and his mother) are pulling in my yard with a u-haul with all their stuff, looking to rent my house.

at the time i was living above the garage, in the studio and the house was empty, as i was re-wiring and re-plumbing the home.

i talked with the family which had no money or place to go and they told me they transferred their jobs to the area and they would like to rent my home from me.

i thought it was cool and offered that they only pay the utilities. plus,$150. a month toward my property taxes and pay for property insurance. a total amount equal to around $600. a month, roughly.

in 5 month's, i've received $260. and i've been stuck paying all their utility bills.

and by the way none of them work.

i've talked to them about our agreement and their responsibilities and they claim they can't find work, have no money. and if i would write them a rental contract and transfer the utilities in their names, they could get charities to pay the bills.

i just don't know what to do next. cuz, i feel like a grinch. but, i can't afford to pay for their lifestyle.

ok, my question is:

what are they guest or tenants? how do i get rid of them at this point?

They are only tenants if they have a signed lease, or rental agreement from you. Otherwise, they are guests. If only guests, you can call the police and have them removed... or you could change the locks, or you could turn off their utilities... you have to be a hardass, that's the bottom line. Being a landlord sucks sometimes, but it's them or you. If they don't pay you, you can't pay the bank and you'll end up losing the property.

[Ferghus]

They are only tenants if they have a signed lease, or rental agreement from you. Otherwise, they are guests. If only guests, you can call the police and have them removed... or you could change the locks, or you could turn off their utilities... you have to be a hardass, that's the bottom line. Being a landlord sucks sometimes, but it's them or you. If they don't pay you, you can't pay the bank and you'll end up losing the property.

I'm sorry, I just noticed you wrote that they want you to write them a rental contract. So they are guests at present.

Personally, I'd kick them out. As they totally BS'd their way into your home and have been taking advantage of you and I think it's safe to say, they will continue to do so.

If you write them a lease, they might get government assistance, but may not pass that money along to you, since they would get the checks, not you... and if they know how to play the system, it could be months before you might be able to evict them depending on the laws in your area.

They don't sound like real friends... they sound like users to me.

[LisaB4657]

They are only tenants if they have a signed lease, or rental agreement from you. Otherwise, they are guests. If only guests, you can call the police and have them removed... or you could change the locks, or you could turn off their utilities... you have to be a hardass, that's the bottom line. Being a landlord sucks sometimes, but it's them or you. If they don't pay you, you can't pay the bank and you'll end up losing the property.

This information is wrong. A written agreement is not required to create a tenancy. If they have paid anything, even $0.01, then they are tenants, not guests. And you cannot change the locks or shut off the utilities. That is illegal and you can be sued for big damages if you try this.

Give them a written notice that their tenancy is terminated and they must vacate the property within 30 days. If they haven't left by then you can file a lawsuit for eviction.

[JudyKayTee]

I'm sorry, I just noticed you wrote that they want you to write them a rental contract. So they are guests at present.

Personally, I'd kick them out. As they totally BS'd their way into your home and have been taking advantage of you and I think it's safe to say, they will continue to do so.

If you write them a lease, they might get goverment assistance, but may not pass that money along to you, since they would get the checks, not you... and if they know how to play the system, it could be months before you might be able to evict them depending on the laws in your area.

They don't sound like real friends... they sound like users to me.

You continue to post absolutely incorrect, illegal advice on the real estate board - what is your basis for this various advice?

[Ferghus]

You continue to post absolutely incorrect, illegal advice on the real estate board - what is your basis for this various advice?

I'm not hanging out on the real estate board. I'm just clicking on the ANSWER tab at the top of the page for the whole site, and answering what questions I know something about.

You ask what the basis is for my advice? 13 years as the landlord of a 10 unit apartment building. Do I think I am an expert? No. Just giving some "off the cuff" advice, after all, if people like this wanted to get complete legal advice for their problem, they'd hire a lawyer. But they are trying to save a buck so they come here, where everyone chimes in with their two cents and the questioner takes it from there.

I can tell you that I have evicted many residents over the years for non-payment, among other things (I always had a lease spelling out everything) and never had to go to court to get them out. Perhaps I have been lucky that none of them were savy enough to know how to work the system, and just left when I demanded. It's never taken me more than two weeks to get someone to leave.

My brother, also a landlord, has only once had to go to court to evict a non-paying tenant, and that only took two weeks.

[Alty]

No. Just giving some "off the cuff" advice

I'm not a legal expert either, and when I come here to answer a question I think I may have an answer to, I always make sure to mention that this is just my opinion and may not be fact.

You cannot just give off the cuff advice and let the OP weed out the good from the bad.

Usually I only answer if nobody else has piped in, because most newbies don't know how the site works and think that if their question isn't answered immediately that it won't get answered at all.

You are free to answer any questions you want, but if you're not sure that your answer is correct then at least inform the OP that this is just an opinion, not fact.

[Ferghus]

This information is wrong. A written agreement is not required to create a tenancy. If they have paid anything, even $0.01, then they are tenants, not guests. And you cannot change the locks or shut off the utilities. That is illegal and you can be sued for big damages if you try this.

It depends on how savy they are. But if they did this to their last landlord, they may have done it to others over the years and know how to work the system. So by all means, go straight down to the court and file suit to evict them. Personally, I've never had to go that route, but maybe I've been lucky. I just talk with a tenant and tell them that they have broken our agreement and have two weeks to leave. Next time, make sure you have a written lease, I suggest a two month self renewing lease, with first months rent up front, and a deposit equal to one months rent. That way, if they run out of money for rent, you can if you are a nice guy, allow them to go a week or two into the next month before having to become a hardass and tell them they have to be out at the end of the month... or you could go to court to file for eviction. Whatever. But in any case, because of the deposit, you have a bit of a built in buffer. And as long as they don't trash the place after they leave, you won't be out any money.

Give them a written notice that their tenancy is terminated and they must vacate the property within 30 days. If they haven't left by then you can file a lawsuit for eviction.

You should talk to a lawyer to see if you must give 30 days notice. Since you have no lease, only a verbal agreement. It's likely going to cost you $100 or more for legal advice, but from then on you'll know what the law is for your state.

[Ferghus]

I'm not a legal expert either, and when I come here to answer a question I think I may have an answer to, I always make sure to mention that this is just my opinion and may not be fact.You cannot just give off the cuff advice and let the OP weed out the good from the bad.Usually I only answer if nobody else has piped in, because most newbies don't know how the site works and think that if their question isn't answered immediately that it won't get answered at all. You are free to answer any questions you want, but if you're not sure that your answer is correct then at least inform the OP that this is just an opinion, not fact.

So noted. I will ad a tag line in future posts like yours. However, it should be clear to anyone joining this site, as it was to me, that the only "Experts" here are the ones who charge by the minute for their advice. Everyone else is just giving off the cuff remarks, and you do with them what you will.

[JudyKayTee]

So noted. I will ad a tag line in future posts like yours. However, it should be clear to anyone joining this site, as it was to me, that the only "Experts" here are the ones who charge by the minute for their advice. Everyone else is just giving off the cuff remarks, and you do with them what you will.

Sorry, this is not correct. I see a very small number of people charging for the advice for a lot of reasons, mostly involving professional liability coverage. I'm, of course, addressing the legal boards. I really don't know what experts on other boards do or why they do it.

No need to add a signature line but there is a need when you post on the legal boards other than "I think" or "it's my experience" to state where or how you got the info, whether it's an educated guess or actual knowledge, particularly when the info is incorrect and someone may very well follow it and end up arrested.

[Alty]

We are all experts in something. My expertise is rabbit care, but I don't have an "expert" title. So, how is someone to know that when I give advice about rabbits, they can feel comfortable following that advice becaue I know what I'm talking about.

We just assume that when someone answers a question, they know the answer, they're dead sure of the answer, unless they state otherwise.

We are all experts in our own right, it's best to advise someone when you are making an "off the cuff" remark.

Thank you.

[LisaB4657]

You should talk to a lawyer to see if you must give 30 days notice. Since you have no lease, only a verbal agreement. It's likely going to cost you $100 or more for legal advice, but from then on you'll know what the law is for your state.

The OP just did talk to a lawyer and it didn't cost them $100 or more.

I cited a 30 day notice because I know for a fact that Florida law does not require more than 30 days for a verbal tenancy. I believe it requires only 15 days to terminate a month-to-month tenancy but unfortunately the Florida legislature website is not working today so I can't confirm it.

The notice period to terminate a tenancy in Florida for non-payment of rent is only 3 days, but if the tenants pay all amounts in full at any time up until the court date then the tenancy continues and the OP would have to start over.

[LisaB4657]

So noted. I will ad a tag line in future posts like yours. However, it should be clear to anyone joining this site, as it was to me, that the only "Experts" here are the ones who charge by the minute for their advice. Everyone else is just giving off the cuff remarks, and you do with them what you will.

Again, you are wrong. I am an "Expert" here, I am not giving off the cuff remarks, and I have not charged anyone a penny. Where do you get these ideas?

[JudyKayTee]

I'm not hanging out on the real estate board. I'm just clicking on the ANSWER tab at the top of the page for the whole site, and answering what questions I know something about.

You ask what the basis is for my advice? 13 years as the landlord of a 10 unit apartment building. Do I think I am an expert? No. Just giving some "off the cuff" advice, after all, if people like this wanted to get complete legal advice for their problem, they'd hire a lawyer. But they are trying to save a buck so they come here, where everyone chimes in with their two cents and the questioner takes it from there.

I can tell you that I have evicted many residents over the years for non-payment, among other things (I always had a lease spelling out everything) and never had to go to court to get them out. Perhaps I have been lucky that none of them were savy enough to know how to work the system, and just left when I demanded. It's never taken me more than two weeks to get someone to leave.

My brother, also a landlord, has only once had to go to court to evict a non-paying tenant, and that only took two weeks.

With all respect, I don't think you are answering questions you know something about.

I have no idea, given your highly illegal and incorrect advice, how you and your brother have managed to evict "many residents" over the years and never had to go to Court. Perhaps you have very uneducated tenants. I don't know.

You have given advice which could very well get someone arrested.

[JudyKayTee]

You should talk to a lawyer to see if you must give 30 days notice. Since you have no lease, only a verbal agreement. It's likely going to cost you $100 or more for legal advice, but from then on you'll know what the law is for your state.

Again, where do you get these "facts"?

[ScottGem]

So noted. I will ad a tag line in future posts like yours. However, it should be clear to anyone joining this site, as it was to me, that the only "Experts" here are the ones who charge by the minute for their advice. Everyone else is just giving off the cuff remarks, and you do with them what you will.

We pride ourselves on the accuracy and quality of the advice we give here. I understand you are picking from the list of unanswered questions, but you need to pay attention to the forum the question was posted to. In a legal forum answers need to conform to the law.

Leases do not have to written. The OP and the deadbeats entered into a verbal agreement. This established a tenancy. Even had they not paid a penny. So they need to be treated like tenants. Therefore your advice to treat them like guests was inaccurate and could have gotten the OP in more trouble.

Most tenants do not want to go to court and have an eviction on their record. So its not surprising that you have been able to get rid of tenants without going to court.

While the process varies per locality, generally, the landlord serves notice to either terminate the lease or pay or quit. If the tenant ignores ushc a notice, THEN the landord goes to court.

[ScottGem]

what are they guest or tenants? how do i get rid of them at this point?

They are tenants. If it comes to going to court a court will rule to that effect.

So you get rid of them by eviction. Since they are, or were, friends, I would explain to them, that your arrangement is not working and they need to vacate. You can give them 15 days (according to Fl law) to move out. Do this in writing.

If they have not moved, then you will have to go through the eviction process for your locality. The next step is to go to court for an eviction order. The court will grant the order and give them a date to vacate. If they still haven't left, you can hire a sheriff to enforce the order and physically remove them.