[hugojr33]

Hello every one, I need help with this situation,I have a studio in South beach Florida, I allowed my co-worker who needed a place to stay for 3 weeks, No money was given to me. She needed my help like a good Christian I am. I am the only person on the lease. I told her to leave my apartment because I didn't like the smell of the 3 cats she bought in, not to mention her boyfriend sleeping over numerous times. On Nov 25th we had an argument on the subject asking her to leave. She agreed to leave on the 30th of November, December 2-3 I called the cops at the same time she does also. She yelled out "officer he hit me" I was taken away to jail. I was let go in an hour cause I was innocent. I went back home and I see her getting ready to go to the clubs like nothing happen. I told her leave my apartment cause I fear for my life the fact her boyfriend has a knife and he showed it to me. I broke the lease and left the apartment cause the cops didn't protect me at all. I call the cops like 6 times. She assaulted my sister when she came to help me move out. I guess the Florida Law does protect anyone leaving your house. You invite someone inside and they can take over your apartment and claim residence. I learn my lesson to never help any one for the rest of my life.

[ScottGem]

Is there a question here? Why didn't you apply for a restraining order? You can't break your lease, the landlord can hold you to it.

You have done several things wrong here. What I would do is go back and give her written notice to vacate in 14 days (permitted by FL law for a month to month tenant). If she doesn't leave by the deadline you will file for an eviction order. If she makes any threats call the police and request a restraining order.

[Fr_Chuck]

Yes you can not legally break your lease, the landlord can and will still require you to pay.

You first should have had it all in writing, Next when you wanted her out, you needed to do a formal eviction, not call the police. And you were lucky, being "not guilty" does not normally get you released. Many innocent people are convicted every day. Or a restraining order would have worked.
Just moving out, you will be liable for any damage they do to the apartment and more.

[hugojr33]

Sorry but It seems you don't understand, she is not on the lease. And I called the cops more than 6 times. The cops are useless in sobe. They did not want to protect me from this crazy women!! If she is not on the lease why is the 14 days vacate notice given in the first place? I feel that my life is in danger if I stay in my apartment therefore I left. The restraining order is done on the count not in the police station just for you to know!!

[Fr_Chuck]

No we understand, it is you that don't, it does not matter that she is not on the lease, once you allowed her to stay, she became a resident in that apartment. She then had a legal right to stay because you allowed her to start living there.

Where I am at, you file the restraining order at the sheriffs office, but yes, she had to be evicted or have a restraining order. The police did exactly what they were required to do.

[hugojr33]

The apartment is locked already and the owner took over the studio, I and the girl does not live there anymore because I termated the lease. This seems like a Civil case which I will present to the count, the cops are really not helpful in this matter when I called in the first place. I understand she has rights but WHERE IS MY RIGHTS AS THE PERSON ON THE LEASE??

[Fr_Chuck]

You had the right to evict her and stay living there. You had the right not to have her come stay in the first place. You had the right to ask for a restraining order.

You could have even done illegal things, like lock her out, worst thing she could have done was sue you at that point.

But once you allowed her to stay more than a few nights as a guest, she gained rights and you became her landlord, and as such had obligations as her landlord as your landlord has obligations to you.

Thus the reason there are so many illegal evictions, since the system does not seem fair to many who are in situations like yours.

I do agree it is not "fair" from your side of it, and not even morally right, but that has nothing to do with legal.

[ScottGem]

Chuck is right, A lease is not necessary to establish residency. By letting her move in, even temporarily, you let her establish residency. Bascially, YOU endowed her with rights that put you in this situation.

Since you are, apparently, both out of the unit, then your next move is to file suit against her for any damages you may have occurred. The main problem here is you don't know what damages there will be yet. Did the owner release you from the lease, IN WRITING? If not, you still owe him rent, at least until he finds someone to replace you.

[hugojr33]

Thanks Scott and everyone in giving me advice, I will take this to court and sue her for damages and for losing my apartment. I lost my deposit money since I broke the lease. I do not have anything in writing but I will get it by tomorrow from my landlord saying that I left the apartment due to this situation. He has the keys to the apartment 4 days ago. No one is inside of this apartment. The thing I have in my favor is that she assaulted my sister and there is a police report. Does my sister have to come with me tomorrow to court?? I know that I allowed her in my house and that was the biggest mistake in the first place but I was just helping my co-worker that's all. Is there a law just like the good Samaritan for this situation.

[twinkiedooter]

You do not request a restraining order from the police. You have to file paperwork in court and have a judge issue a restraining order. It's not just a simple request as there is a lot of paperwork that needs filled out and copies of police reports to prove this conduct.

[ScottGem]

she assaulted my sister and there is a police report. Does my sister have to come with me tomorrow to court????

You don't need your sister to file. You may not need her at all to testify if you have a police report.