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writ of leave vs. eviction

Discussion in 'Other Family Law Matters' started by coupdemots, Jan 27, 2014.

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  1. coupdemots

    coupdemots Law Topic Starter New Member

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    Forcing the adult son of my girlfriend to leave the home because he ia creating a hostile and fearful environment
     
  2. army judge

    army judge Super Moderator

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    If you want anyone out of your home, you file an eviction action.

    You don't need a reason to evict a squatter (deadbeat, free loader, trouble mare, violent person, domestic batterer), but you still need to evict them.

    If the person is an abuser, domestic batterer, the police can remove him and you can seek a protective order. But, you can't just say, you must prove what you say!!

    You must first demand them to leave by sending or serving them a letter telling them they have 3 days to leave.
    If they refuse and laugh at you, they often do, you wait for the 3 days to pass, then file a formal court eviction.


    Under certain circumstances, if the tenant has exhibited a lack of consideration
    for the rights and privacy of others, a landlord has the right to require a tenant
    to move with very little notice.

    SEVEN DAY NOTICE (WITH CURE). THIS SEEMS LIKE YOUR PROBLEM
    If the landlord has a tenant who is undesirable but the situation could be remedied within seven days (i.e. unauthorized pets, guest, or parking, etc.), the Seven Day Notice with cure could be given. The notice should state the non-compliance and give the tenant seven days to correct the problem or to vacate the premises. The tenant would be allowed to stay if he complied. If he does not comply, then the landlord would file a complaint for eviction based on the notice given. If the same noncompliance recurs within a 12 month period, the Landlord may commence with eviction proceedings without giving a subsequent notice.

    SEVEN DAY NOTICE (WITHOUT CURE) THIS SEEMS LIKE YOUR PROBLEM
    If a tenant is undesirable with a serious non-compliance (i.e. destruction, damage or misuse of property; unreasonable disturbance, etc.), the Seven Day Notice without cure could be given. The notice informs the tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the tenant has not moved in seven days, the landlord would file eviction proceedings.



    In FL, here are some discussions of the process:

    http://m.wikihow.com/Evict-a-Tenant-in-Florida

    https://www.floridabar.org/tfb/TFBC...e21a25a8c288bed98525740800537588!OpenDocument


    http://www.propertymanagerpages.com/blog/2011/04/14/florida-eviction-timeline/


    http://evict.com/?page=evictqa
     
    Last edited: Jan 27, 2014

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