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How can a woman have her Ex Boyfriend Leave her home? Roomate

Discussion in 'Other Residential Landlord & Tenant Issues' started by MrsDiLeo, Apr 2, 2015.

  1. MrsDiLeo

    MrsDiLeo Law Topic Starter New Member

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    My best friend is in a volitile relationship. He is a drunk, has PTSD and is Verbally abusive especially when drinking. He also sleep walks and defaces her property almost every night. He has no lease and does not pay rent, yet he claims that he has 90 days to leave and that if she breaks up with him he'll make her life hell! it is her parents home and she just wants him to leave. What can she do? does he in fact have 90 days to vacate? He is able to live with family in town so he would not be homeless he just wants to make her feel worse.
    Thanks In Advance for your Help!
     
  2. mightymoose

    mightymoose Moderator

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    if she fears for her safety she can look in to a restraining order. That will get him out fast. Otherwise, yes, evicting him from the property could take quite awhile. It sounds like there are circumstances that may help her secure a restraining order that requires him to move out immediately.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I don't know where he is getting 90 days. In Florida if there is no lease, you may even be able to say it's a week to week tenancy and all you need is 7 days prior notice. You should begin by sending a notice of termination of tenancy as per Florida law. This is the first step. Let him be scared by sending notice and also a demand for rent if he overstays beyond the notice period. Then try the court. If you get resistance, I'm guessing it could be just a lot of talk hoping it scares you. If he believes it, let him back it up and feel free to post his claim. Best of luck with a tough situation.

    Title VI
    CIVIL PRACTICE AND PROCEDURE
    Chapter 83
    LANDLORD AND TENANT

    83.57 Termination of tenancy without specific term.
    A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
    (1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
    (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
    (3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
    (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
     

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