can i be evicted read for details.?

2016-05-20 3:13 pm
ive been sharing a mobile home with my uncle for about 7 months now all was cool until he started being really rude and hateful . he suffers depression and takes his anger out on me basically. and im about peace . hes trying to evict me but i feel like i have rights. im living in florida im not on the lease . i have no written or verbal agreement with him . i have mail here and have been here for like i said at least 7 months . hes giving me a notice saying i have to leave in 3 days . it says " you are hereby notified that you are in violation of your lease agreement and are indebted to me in the sum of $?$? for the rent and use of the premises at (address).

回答 (11)

2016-05-20 8:55 pm
Well, you have established residency since you have been there longer than 30 days. Your uncle is your landlord, even though he is violating his lease by you living there. Without a fixed term lease, you are on a month to month rental agreement.

If you are behind on your rent (and it sounds like you are), your uncle is correct to start the eviction process with a 3 Day Pay or Quit. If you don't move out or pay in full by the end of the notice period, your uncle will have to file at the courthouse to evict you. In FL, it takes 4-6 weeks from the first notice until the sheriff shows up to escort you off the property.

If you are not behind in your rent, your uncle needs to give you written notice to vacate. The amount of time you are entitled to depends on how frequently you pay rent. If you pay weekly, you get 7 days. If you pay every two weeks or monthly, you get 15 days notice.
參考: FL landlord
2016-05-20 3:14 pm
Yes
2016-05-27 6:38 am
You owe rent. You have been given written notice to pay or move out. If you do not move out, your uncle can indeed file a petition to have the court order you removed by eviction. Don't let it get that far -- it will follow you around for any future rentals. Work it out. Get him committed. Find the money. Or just move out as soon as you can.
2016-05-20 5:58 pm
technically i owe 50 because he said hed be ok with 100 for this months rent because its short notice. i was going to pay the rest but he turned everything off and started harassing me . he called the cops on me for me using his window shades @_@ lmao
2016-05-21 4:05 pm
You have indicated in your statement you have no written lease agreement with your uncle.

Since this is the case you are on a month to month tenancy. Being on a month to month tenancy your uncle is able to and apparently had given you a 3 day notice to move. He does not have to have a reason, nor inform you of a reason you are required to move. So far his action is legal.

If you fail to move based on the notice you were given, your uncle would be required to go to court and obtain a legal eviction notice signed by a judge that would give you a time frame in which you would be required to move.

If you fail to move on or before the time listed on the legal eviction a local law enforcer would come and have you physically remove all your personal items from the trailer.

This legal eviction would appear on your credit and background checks. In having this on your credit and back ground check you would have a difficult time with future rentals.

Apparently you and your uncle no longer or ever saw eye to eye. Why don't you simply move and save yourself and uncle the grieve of going to court to get a legal eviction notice against you. Whatever rights you had upon moving into the trailer no longer exist. Your uncle want you gone.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"
2016-05-21 1:37 pm
If you have no lease, all he has to do is give you notice to vacate and you have no choice. 30 day notice.

He'd have to prove you owe him the money, the 3 day notice won't work.
2016-05-20 11:21 pm
Move out. You are living there illegally. If you need time, tell him you are looking and ask if can have until June 1st, July 1st if necessary. If he says no, find some temporary lodging and pay him what you owe.
參考: Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
2016-05-20 9:13 pm
With no lease you only have those rights given under state law. YES you can be evicted anytime the rent is not paid on time & in full. You admit to only paying 1/2 the rent. YES 3 days is legal notice for nonpayment. If you do not pay or move out then he can file an eviction in court on the 4th day.

Unless you had the agreement to only pay $50 in writing it does not exist. Any harassment does not change the fact you have failed to pay the full rent. Even then he could still give you a 15 day ntoice to vacate at anytime. Fl has one of the shoretest if not the shoretest notice period in the US.
2016-05-20 5:06 pm
At this point, your violation has cancelled what few rights you may have had.
2016-05-20 3:59 pm
Legally, you're considered a sub-lessor. You have sublet a space in his mobile home. It doesn't matter if you are on the lease or not.

He therefore can act in many ways like a landlord, and he can evict you. And it sounds like he knows what he's doing, because he's given you notice in writing, with three days until you must leave - which is the correct amount of time in Florida before he can begin formal eviction proceedings.

If you do not leave, his next step is to file formal eviction paperwork with the courts.

If he's evicting you because you did not pay your rent, then you have that three days to fix that - you can pay the rent, and he then can't evict you. If, however, the letter says he's evicting you for other reasons, then you need to fix those reasons in the three days. If you do not, then he can go forward with formal eviction proceedings.

Technically, you can stay in the mobile home while the eviction proceedings go forward. So in reality, you do not have to actually leave in three days.
2016-05-20 3:25 pm
you have no rights if it is his mobile home and you ahve no lease. He may have to go thru formal eviction proceedings to give you more time, butt hen that will show up on your credit nad criminal check. you don wantt that.
talk to him and let him know you are leaving as soon as you find a place.
2016-05-20 3:18 pm
Just get out. You're not entitled to anything. It's your uncle's place and he doesn't want you there anymore.


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