need to evict family member

[council5105]

When my mother moved to a nursing home I allowed my sister and her family to move into mom's house to pay for the mortgage payment. Last month I found out that my sister moved to another state with her boyfriend and left her 18 year old daughter and friends in the house. When the March mortgage did not get paid I discovered all of this. I spoke to my niece and she assurred me the payment would be there by the end of March and it was not. Now it is the 11th of April and no March or April payment is received. I left a message for my niece that she had 3 days to get herself and anyone else out of the house. That message was left the evening of March 30th. I hear she is still in the house (she won't return my calls). What can I do? There was never any lease or contract for my sister or her daughter. The home is still in my mom's name and I am her POA. I live 9 hours away from this situation. The home is in Florida. I was hoping to get a locksmith to change the locks and then my niece would have to coordinate a time to pick up her things. What are my rights and options?
Please help, I can not afford my mortgage and my mom's mortgage.
I have found another tennant that will pay April's mortgage if I can get the house cleared ASAP.
Thank you for your help.

 

[presutin]

I would send your niece a certified letter explaining the agreement you had with your sister. If she wants to continue living in the house, she should continue to pay the mortgage, if she cannot do so, then tell her that you would like for her to vacate the premises as soon as possible (be clear as far as setting a date) and if she does not move by the set date, explain on the letter that you will have to have her belongings removed from the premises.

 

[augustbaby1968]

I am sorry, but under the law you have to treat her as any other renter, family or not. You have to give 30 days written notice in the the month before you want her out. IE; last dat of march if you want her out by last day of april. You can not change the locks until she is legally evicted through the courts system. Family or not, you still have to follow the laws on landlord/tenant issues. Start making written documentation of of all the notices you send to her and present them at the eviction hearing. The sheriff's office will only assist will a valid court eviction notice, and you can not hold her possessions as collateral.