[beegood]

My siblings & I have gained a property left in my fathers trust. I recently found out my step-mother passed away several months ago. There is someone living in the home, who is not paying rent. The electric is still in my late fathers name. This is in the state of Florida. How do I remove them from home legally?

[smoothy]

You would evict them... Florida allows you to give them a two week notice in writing to vacate (have it legally served so you can prove it)... at which time you would go to court to have it enforced if they have not left. When you win that the Sherrifs would put them and their stuff out.

[AK lawyer]

Has the trust been disbursed to you and your siblings? This would generally be done by deed. And what interest in the property did the late step-mom have?

And what is the trustee's explanation for this person occupying the house?

[ScottGem]

I agree with AK that we need more info here. Until the trust has been disbursed to the beneficiaries, the trust still owns the property and the trust (through the trustee) has to take action against the tenants. Also, if these people are leasees who may have stopped paying rent for some reason, you need to know that as it affects the eviction process.

Florida law specifies different notice periods depending on the type of tenancy. If the occupants originally had an 1 year lease that has not expired, then the notice period is 90 days. If they are considered Month to month tenants then the notice period is 15 days prior to the end of the rental period. So if rent is due on the first of the month, you can't ask them to vacate prior to the end of Feb and you would have to give notice by Feb 13.

On the other hand, if they are behind in their rent you can give them a 3 day pay or quit notice. Its also possible they are behind because they didn't know who to pay and can pay in full once notified.