Need brothers out so I can go home... (lawyer, tenant)

[dontaskwhy]

Originally Posted by YesButAlsoNo

You did not say you rented your home to them or subleased it. If that is the case you should be able to get them arrested for trespassing if they will not leave when told to leave.

Then the officers will remove them for you.

When my father died, he had a verbal agreement with the tenants in his home. They were not paying any rent at any time and they were protected under the Florida laws as I posted in my links. Read the posted Florida statutes. Only a sheriff can legally evict a tenant, even in the OP's experience. Again, I am sharing a similar experience along with my knowledge of the Florida statues.

Feel free to shut off phones or internet, but definitely contact the sheriff's office. As mentioned before, Florida's real estate laws favor the tenant over the home owner, even in this circumstance.

[=^..^=]

Originally Posted by dontaskwhy

This is from the following source: Floridas' Landlord/Tenant Law

LANDLORDS CAN'T JUST THROW YOU OUT!

SHE IS NOT THE LANDLORD!!!! It's not a rental unit.

* If any of these occur, the tenant may sue for actual and consequential damages

or three month's rent, whichever is greater, plus court costs and attorney's fees.

NOTE and pay close attention: SHE IS NOT THE LANDLORD. It's her home, they were her guests, NOT HER TENANTS, and they refuse to leave.

Pay close attention to section that is in bold/underlined. I didn't make this up, it is Florida law.

[=^..^=]

Originally Posted by dontaskwhy

s.

Feel free to shut off phones or internet, but definitely contact the sheriff's office. As mentioned before, Florida's real estate laws favor the tenant over the home owner, even in this circumstance.

They're not and never were her TENANTS. She was never their landlord. They are guests that refuse to leave. A totally different ballgame.

[=^..^=]

Originally Posted by dontaskwhy

Any law enforcement officer from out of state offering real estate law advice is an idiot because laws vary from state to state.

Because you got your mooch out of your home by intimidation is not good advice for the OP. They could have sued you as pointed out in the Florida statutes.

I could have been sued because a GUEST refused to leave my home? Since when are we forced to allow GUESTS to take over our homes and be sued if we protest and demand they leave? I was not the landlord and it was not a rental unit.

[=^..^=]

Originally Posted by YesButAlsoNo

You did not say you rented your home to them or subleased it. If that is the case you should be able to get them arrested for trespassing if they will not leave when told to leave.

Then the officers will remove them for you.

It seems "dontaskwhy" the real estate agent (no surprise) is under the mistaken belief this woman is the landlord and she rented out a rental unit to her brothers. She may be better off seeking advice from her lawyer AFTER she shuts off all the utilities instead of enabling the selfish moochers.

[dontaskwhy]

Maybe you don't read or comprehend what I said. The OP is the "landlord" in this situation. It doesn't matter if there was or was not a rental agreement to begin with. Ever hear of a squatter? I suggest you check your facts before offering bad advice. SHOUTING IS NOT NECESSARY TO GET YOUR POINT ACCROSS.

We can agree to disagree on this matter, but do not imply I do not know what I am talking about. I experienced a similar situation, as I mentioned in my first response to the OP, so I have firsthand experience. In my case, my father had no written lease with the people living in his home, but they had the same tenant rights as someone who did have a lease. After he died, it took 3-4 months to get the deadbeats out of his home. Care to provide your source of knowledge??

Bottom line is that the OP should contact a lawyer if it hasn't been resolved yet.

[AnonChick]

Actually, don'tsaskwhy is correct in general (I don't know about the specifics, or specifically about florida).

It's called "tenancy at will." Basically it means what the OP described:

You own a home. You let a relative live in it for a determined -or- indetermined amount of time. You don't live in it. They become the tenants of that property. Tenants don't necessarily have to pay rent. If they live there, and it's not theirs, then they're tenants.

Since they are tenants, and not the homeowner, the term "landlord" falls upon your shoulders. You don't need to be paid rent, in order to be the landlord. You are the lord of the land...that's where the term comes from.

Now - you're a landlord - not the lessor, since there is no lease. They are tenants, but not leasees, since there is no lease.

You, as landlord, want to return to your land. The tenants refuse to leave. This is no longer a familial matter, but now a legal matter, and you have to get the law enforcement agencies involved, in order to serve a formal eviction notice to the tenants, who are also your relatives, who are not paying rent.

[dontaskwhy]

Thank you for backing me up.

Sent from my DROID RAZR using Tapatalk 2

[=^..^=]

Originally Posted by Annie53

Cut off the cable and internet......move back in........and make yourself a huge pain in the ass.

Make them uncomfortable and they will go running back to your parent's house.

I think the poster was intimidated by her brothers or would have taken some kind of action before posting here. They're taking advantage of her because they're selfish and they can.

[=^..^=]

Originally Posted by AnonChick

Actually, don'tsaskwhy is correct in general (I don't know about the specifics, or specifically about florida).

It's called "tenancy at will." Basically it means what the OP described:

You own a home. You let a relative live in it for a determined -or- indetermined amount of time. You don't live in it. They become the tenants of that property. Tenants don't necessarily have to pay rent. If they live there, and it's not theirs, then they're tenants.

Since they are tenants, and not the homeowner, the term "landlord" falls upon your shoulders. You don't need to be paid rent, in order to be the landlord. You are the lord of the land...that's where the term comes from.

And in FL you as the so-called landlord, are also required to pay the so-called tenants utility bills? You need to check on this because there is more to it than that.

Now - you're a landlord - not the lessor, since there is no lease. They are tenants, but not leasees, since there is no lease.

You, as landlord, want to return to your land. The tenants refuse to leave. This is no longer a familial matter, but now a legal matter, and you have to get the law enforcement agencies involved, in order to serve a formal eviction notice to the tenants, who are also your relatives, who are not paying rent.

This is what I already suggested. She needs to get an order-of-eviction or whatever FL calls it, but she is not required to support them by paying their bills until they're evicted.