Comments | hinokumo: Legal advice?

hinokumo

Legal advice?

Jun 03, 2011 22:29

This is for anyone on my FL that has any legal knowledge. Does anyone have any idea what legal rights I have to evict a family member from my home? One who has been living with me for 3 years & not paying any rent or helping with the bills/upkeep/etc? And said person has become verbally abusive and aggressive? This is my brother, by the way. And ( Read more... )

fml, rl

Comments 3

tmelange June 4 2011, 16:25:31 UTC

What state are you in? Every state has its own landlord/tenant law ( ... )

hinokumo June 4 2011, 16:35:18 UTC

Hey, thanks so much for the advice. I actually live in Florida. I did a little research last night and there is a process for serving eviction notice to non-contributing family members. A friend of mine has a good lawyer, so I'm going to check in with them first. Funny enough, it looks like FL lets you give them a 3 day notice--I thought it was 30, too. Looks like Florida gives more right of way to the owners, which is good for me.

And no, he has no stakes, ownership, or a signed lease contract. Just a squater. It may take longer, but I think going the official legal route will be better in the end.

Thanks so much for the advice! I feel much better after reading this and doing some research myself. Plus, my mom will kick his ass if he gives me trouble ^_^

tmelange June 4 2011, 17:17:48 UTC

Three days is good. LOL Not surprising, though. He really has no right to stay, particularly if he's not paying anything. Without paying, he doesn't even have an implied contract that gives him any rights.

I would tell him about the 3 day notice thing before you file against him. Filing a landlord/tenant action against him will prohibit him from getting an apartment in his own name, in most instances. Many landlords check that sort of thing before they rent, and they may not take the family member excuse. Make sure he understands the minute you file a court action using his name it becomes public record, attainable over the Internet, and he will have problems getting an apartment for years (and maybe even a job). Don't file unless you really don't care about screwing him up.

Good luck!