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Old 10-08-2017, 08:58 PM
 
Location: 89052 & 75206
8,103 posts, read 8,284,205 times
Reputation: 19902

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Quote:
Originally Posted by runswithscissors View Post
Then the whole thread is overly dramatic, not just my post. I don't know if they're paying rent or not or what the legal implications are since I'm not a lawyer specializing in Landlord Tenant and FL law. Or IRS law. I don't even know if she's in an HOA which is a whole nother level of minutiae.

I'm just laying out the case of worst case scenario which is what we're talking about.

Weird to me that you think "getting something in writing to obey certain rules" is necessary? That's called a lease. Doesn't that go against the rest of what you are saying about how trustworthy these great old friends are?

How do I evict a guest through the court?


Even though a guest is not a tenant, you can still file an eviction case in the Landlord and Tenant Branch of D.C. Superior Court. The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone.

You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.

snip
I am a landlord. When I invite friends to stay at my house but write: "Guys, you need to clean it when you leave and be gone by 10/15.......". That's not a lease.
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Old 10-08-2017, 08:59 PM
 
Location: Former LI'er Now Rehoboth Beach, DE
13,042 posts, read 18,012,327 times
Reputation: 13978
Have a lease prepared prior to their arrival and say it is for the protection of both them and you and if they refuse to sign it they can't move in. Pure plain and simple.
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Old 10-08-2017, 09:07 PM
 
2,189 posts, read 2,599,192 times
Reputation: 3736
Just say NO. No explanation needed!
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Old 10-08-2017, 09:11 PM
 
96 posts, read 135,251 times
Reputation: 175
OP, I would assert yourself and say no if you're not comfortable.

Coming from the other side, we once stayed at a friend's 2nd home for vacation for a couple weeks. It was so nice and generous, but we will NEVER do it again. We have kids and a dog. We (adults) are great house guests. We clean up after ourselves and are very careful and respectful. Watered the plants, took garbage to the dump, took care of all the laundry, brought a nice house gift, etc. But even with a lot of coaching and parental vigilance, our young kids just aren't as careful and weren't used to the house. And our dog, who doesn't chew much at home, wanted to chew everything there. I felt like I spent the majority of our vacation arranging our day to make sure we spent as little time in the house as possible so we wouldn't break things or spill drinks or food. It was nerve-wracking. And despite all the effort, our child did end up breaking a glass lamp by accident and our dog chewed up the corner of an area rug. We apologized profusely and replaced both. Our friendship is intact, but I still feel terrible about it. I'm not going to stay in any one else's house any time soon! Our family is less destructive in our own house because it is more child-friendly and everything is familiar to our kids and pet.

I would be very hesitant to allow a family with a pet to stay at your place. Even if they are trying to be very conscientious. There's just a risk with kids running around and pets being destructive. Even if they're angels, like my kids
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Old 10-08-2017, 10:06 PM
 
11,025 posts, read 7,797,253 times
Reputation: 23702
Quote:
Originally Posted by twingles View Post
Because SHE as the homeowner made that allowance and SHE as the homeowner does not know the people it was offered to and what she does know she doesn't like. Plus there's something to be said for intuition...maybe she just has a "feeling" these people won't be able to be out by the time she wants to move in (which is just one month away) and doesn't want to deal with that on the back end.

What is the OP supposed to do if these people aren't out by November 9? Why is this her problem?

***Back to the original question of whether these people should be contacting the OP....I'm trying to put myself in their position and honestly it's hard to say without knowing the dynamics between these people and the daughter and what the conversation was. My guess is since the daughter made the offer these people are under the impression that she is in full control of the house and the only thanks given and arrangements made are going through the daughter.
You seem to be forgetting that HE, the husband, HE, the homeowner after discussing the matter with the daughter appears to have had some conversation with the OP if you reference the original post before passing the word that it would be okay. Maybe she is just having second thoughts and is now trying to renege on the deal. That would be wrong. THEY do know the couple involved, and she just has some vague misgivings about that husband.

The root of this problem is that the OP has decided after the fact that she's not happy with the arrangements her husband made after THEY discussed it. As to her questions now about communications, she should begin by communicating with her own husband, something they should, in hindsight, have done to greater extent before the offer was made. Since the daughter has been the liaison in setting up the arrangements, the daughter should pass the word if her mother has a need to discuss the formalities personally with the other couple. Who actually makes the first phone call is simply petty.
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Old 10-08-2017, 10:22 PM
 
Location: Somewhere in America
15,479 posts, read 15,566,864 times
Reputation: 28462
You need a written lease right now! Do not wait until they move in. They need to pay a security deposit and rent! First and last month's....I don't care if they only plan on being there this month and the next.

Do you have a mortgage? If so, read it carefully! Many mortgages do NOT allow for rentals of any kind. You also need to get rental insurance on your house. This can be VERY expensive!

Do you have a HOA? What do you covenants say about rentals? Some limit rentals and need board approval for each tenant.

Seems like a whole bunch of people jumped the gun and didn't think about anything! It's ok to be the bad guy. Someone has to engage their brain.
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Old 10-08-2017, 10:23 PM
 
11,025 posts, read 7,797,253 times
Reputation: 23702
Quote:
Originally Posted by runswithscissors View Post
Your daughter and husband cooked this up together and completely intentionally left you out of the picture.

So no, the poor "friends' have no idea what's going on and although they MAY call you first, it's just weird and very potentially messy all the way around.

And yeah, check your local county laws. Because in MY FL county we won a lawsuit against the state -allowing us to prohibit short term rentals after the corrupt politicians passed a bill in Tallahassee 2011 mandating that local governments had no say - so in the matter. But we DID.

AND the FL laws are very complicated on this. I assume you're not in an HOA. Which makes it even more complicated if you were.

I didn't research the current status in your county but you need to:

Short rentals like Airbnb land in labyrinth of rules - News - Sarasota Herald-Tribune - Sarasota, FL

Sarasota County technically only allows rentals of fewer than 30 days in multi-family residential areas on the barrier islands, such as a condo on Siesta Key, for example, county spokesman Jason Bartolone said. Anywhere else in unincorporated areas and rentals must be longer than a month, he said.


New rules for short-term rentals moving ahead in Indian River County

Did you tell your husband you'll have to pay the IRS and your local business taxes to the county etc on that rent money and be "landlords"?

You need an attorney now.
You have this wrong. Read the OP again and you'll find that the daughter and husband did not "cook this up together." She knew there was a possibility before hand and she did discuss it with her husband although she now chooses to claim he did not "really" discuss it with her. She was not "completely intentionally left...out of the picture."

They have allowed other people to use the house in the past and there is no indication all the legal contortions you are stressing were needed, why should it be different now? Certainly I'm sure you're aware that many seasonal residents allow and even encourage family and friends to use houses that would otherwise be vacant. Do you know of any who institute contracts for such casual agreements?
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Old 10-08-2017, 10:29 PM
 
Location: Somewhere in America
15,479 posts, read 15,566,864 times
Reputation: 28462
Quote:
Originally Posted by bbronston View Post
Even if you let them stay for free, I think you are becoming a landlord in the eyes of the law which means you are opening yourself up to all the Florida Tenant-Landlord laws, not to mention any liability issues that might arise. I'm not an attorney, though, so don't take this as legal advice. I know most people would say it's no big deal and I am needlessly complicating a simple arrangement...and I would say that, in most cases, everyone walks away happy and appreciative. However, pretending that these arrangements don't sometimes turn into something else (something bad) is probably foolish and shortsighted, I think. Considering that these are not friends of yours, I see even more reason for some sort of written agreement.
There are dozens upon dozens of threads on here where people didn't get a lease because it was a friend, family, neighbor, groomer, babysitter, teacher, garbage man, meter reader, etc when it turned to complete crap and the nightmare from hell. Don't be one of those stories!
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Old 10-08-2017, 11:30 PM
 
Location: Kansas City North
6,810 posts, read 11,474,889 times
Reputation: 17092
Quote:
Originally Posted by kokonutty View Post

They have allowed other people to use the house in the past and there is no indication all the legal contortions you are stressing were needed, why should it be different now? Certainly I'm sure you're aware that many seasonal residents allow and even encourage family and friends to use houses that would otherwise be vacant. Do you know of any who institute contracts for such casual agreements?
There’s a bit of difference between the OP inviting some friends to stay at their house for a week or two and the OP’s daughter offering her parents place to some of her friends to actually live in as their primary residence.
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Old 10-09-2017, 12:09 AM
 
11,025 posts, read 7,797,253 times
Reputation: 23702
Quote:
Originally Posted by Okey Dokie View Post
There’s a bit of difference between the OP inviting some friends to stay at their house for a week or two and the OP’s daughter offering her parents place to some of her friends to actually live in as their primary residence.
The daughter did not invite anyone to stay there without her parents' approval and by my calculations it looks like they'll be there about three weeks. Why is this a big deal?
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