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Need to evict ex-girlfriend by Sam (Florida) on November 7, 2009 @15:28

                              
I have a very ugly situation. I moved my ex-girlfriend in my condo and things have been awful. She has no written lease. Our agreement was that she would pay half my mortgage and pay for the cable/internet bill. Well things have now gone extremely sour now and I want her out immediately. She has been VERY disrespectful to me, my daughter and condo on numerous occasions. I have not gotten any money from her for November. I asked her to leave nicely. I even asked her how much time she needs. She said she will leave when she leaves. I want her out immediately. To my understand in florida I can just give 3 days notice and then file for eviction. I already verbally told her I need her of my condo ASAP and that was more than 3 days ago. She has very easy access to a lawyer at where she works. This lawyer helped her out before for little or no cost. She makes more money than me so it is possible she would be able to financially fight it stronger than me if we go court. My concern also is whenever she does leave she is going have no regard to my personal belongs and my condo when leaving and might damage stuff (especially my dry wall and electronics). Please advise me on how I can get her out ASAP. My daughter and I are not comfortable with her in our small 2 bedroom condo any longer. This is not a scenario that I want my daughter to have to bare.
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Re: Need to evict ex-girlfriend by Micah on November 7, 2009 @16:00 [ Reply ]
You need to give a 30 day notice to vacate or a 3-10 day pay or quit notice (depending on your state). What you have is a verbal month to month rental agreement. Chances are that you will have o get a lawyer and evict her through the courts. This could take months if you don't know what you are doing and she does.
Re: Need to evict ex-girlfriend by Anonymous (FL) on November 7, 2009 @17:47 [ Reply ]
If there is no written agreement it may be hard to prove your oral agreement. Hopefully she has paid you for past months and you can use that for proof. If you had no agreement for a length of time for her to stay, then she is on a month to month agreement with you. I would serve Notice of lease termination which needs to be given 15 days prior to the end of the month to be effective for current month. In that she would need to vacate by last day of the month. I would also serve at that time a seperate 3 day pay or quit. That way you can start eviction right away on her, but just in case she does pay in the 3 days, then you can evict if she doesn't leave at end of month. If she pays during the 3 days notice though, you do have to accept payment and wait til end of month to see if she vacates. Then if she doesn't vacate at end of month you can evict and file against her for holdover rent of 2 times rental amount for time she stays past the termination of agreement. Here is a link to the florida statues on landlord tenant law so you can make sure to follow the law on this.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/part02.htm&StatuteYear=2009&Title=%2D%3E2009%2D%3EChapter%2083%2D%3EPart%20II

As far as the damage goes, I would document condition of apartment and contents right away, then document after she leaves. You can file in small claims court if she takes any of your stuff or damages stuff. If you get an eviction judgement, you can have police come for the day she has to leave to supervise. She of course can leave anytime before that though without supervision. You are right to go about this the legal way. Unfortunately you cannot make her leave unless you have eviction order on her and you cannot change the locks on her. Good luck.


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