Re: Need to evict ex-girlfriend - Landlord Forum thread 191094

Re: Need to evict ex-girlfriend by Anonymous (FL) on November 7, 2009 @17:47

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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Re: Need to evict ex-girlfriend by Sam (FL) on November 7, 2009 @20:52

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Thanks for your responses.

This 3 day pay or quit is a form I download and fill in? Or is it something I have to create?

I am guessing the Notice of Lease Termination is some sort of form that I can download, correct?

Thanks for the help. Sorry if the questions sound silly, this is all new to me.

Re: Need to evict ex-girlfriend by Anonymous (FL) on November 7, 2009 @21:15	[ Reply ]

You can download forms from this site and change them to make sure they follow FL law or you can just type of a letter yourself based off FL statues to make sure it follows the law. Make sure to serve notice in a way that you can prove it was served, such as mail that needs signed for, or posting with picture and witness (someone not your daughter) to prove it. Read FL statues to know how must be served, etc. Obvioulsy it would be better to get an eviction lawyer to do things to make sure all goes well, but if you can't afford that you need to make sure you know law very well.