Legal Question in Disability Law in Florida

I let a girl stay in my apt with no legal contract as a fovor because she had no place to stay. She gave me $600 with $300 as a sesunity dept,and now has stawed for 19 days, In the mean time I found she si a prositute and a junkie and is suing my apt an a plase of busness,and I want her out. Do I have andkind of rigt ti get her out, or and I stucklike I have been so many times before. It seems I am just too kind hearted and feel bad for these people and seem to get screweed everytime. This is the not the first time where I sdeem to get dupped aout of gettingscrewed out of a quite a few bucks which I can use since I live on SSAaand that money eems to go quite fast.Is there anything legal that won't cost me too much moneyto get rid of these dead beads. Also my next door neibhor had there leectrick turned off so they decided to plug into my outlet so ther can have eletric for there AC at night.My last bill cost me $900.ooand something dwhich hurt quite a bit. Is there any body I could see about that could helpwith this cost Thanks Ray


Asked on 9/15/09, 5:31 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

#1. The tenant: It sounds like you have created a month-to-month tenancy with this girl, and she is not complying with the tenant's obligations set forth in FL Statute. In this situation, you must give the tenant notice of the noncompliance. Depending on the nature of the non-compliance, she either has 7 days to get out, or she has 7 days to cure the non-compliance. See the statute below which outlines the notices that must be given under each circumstance.

83.56 Termination of rental agreement.--

(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

(a) If such noncompliance is of a nature that the tenant should NOT be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord's intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be adequate if it is in substantially the following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance) .

(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. The notice shall be adequate if it is in substantially the following form:

You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without your being given an opportunity to cure the noncompliance.

#2. The neighbors using your electricity: You need to learn how to say NO. Your neighbors cannot plug into your electrical outlet. If they intend to pay for their use of the electricity, that is one thing, but obviously they did not. No one is going to help you pay the bill for the electricity your neighbor uses. JUST SAY NO.

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Answered on 9/15/09, 11:53 pm


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