Legal Question in Landlord & Tenant Law in Florida

can i be evicted

my boyfriend n i r living in an apt that he shared with his ex for 3 weeks before she went 2 jail out of state. i have utilities in my name there n receive my mail there they moved in in jan n she went 2 jail feb 1. i moved in in mar n now she is back n wants the apt. there is no lease or agreement n the landlord doesnt want 2 get involved his secretary let her in n she doesnt even have n e belongings there now they say we have 2 leave by the 30th can they do that


Asked on 6/23/04, 2:43 pm

1 Answer from Attorneys

Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: can i be evicted

Not likely, if there is no lease and she vacated. Then her tenancy ended as soon as you moved in and began paying rent. If the landlord accepted your rent payment then he accepted your tenancy. Where is the boyfriend in all this, why is his ex trying to move back into an apartment they shared together? I would involve the local authorities, show proof of payment of the rent, the electric and any other things in your name like phone etc. and have her removed from your apartment. The landlord cannot accept rent from you and allow another person to stay in your apartment without your permission. The landlord may also have some liability for letting her in your apartment unauthorized, especially if he was aware she had vacated the apartment months before.

Beware if there is no lease, the landlord will be able with notice to ask you to leave depending on the term of the tenancy which is determined by how you pay rent. If you pay every month, then you have a month to month tenancy that may be terminated with notice by either party. Any protection you have is statutory and you should get a copy of Florida's Landlord Tenant Statutes. This will help you, just do a search in yahoo and you should be able to find the Legislature site that lists all the Florida Statutes.

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Answered on 6/24/04, 8:15 am


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