Legal Question in Landlord & Tenant Law in Florida

My girlfriend and I share an apartment in which her name is on the lease. I have been staying here for four months, ever since she signed the lease. I pay half on all the bills and I have my mail coming here as well as the address printed on my lisence. She wants me out in two days and said she will be changing the locks whether or not my stuff is moved or not. Can she legally kick me on the street in two days and can she change the locks?? I am willing to leave, I just need ample amount of time to do so. What are my options? She said if I come back with the police saying she changed the locks that she would tell the officer that she is scared for her life ( which she is lying about ). What can I do and who do I contact ?


Asked on 8/26/10, 3:22 pm

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

Since you are not on the lease, you do not have the right to occupy the property. You are a guest in her home. You would be smart to move your things into a storage unit immediately until you find a new place to live. The post office will hold your mail, you just have to fill out a form. If you leave your personal belongings in her property, it will cost you more time and trouble to retrieve them later. Your other option is to hire an attorney now, and have her/him file for an emergency injunction, asking the local court to order her to refrain from destroying or throwing away your personal property. If she violates the injunction, and wrecks your stuff, then you will have to file a new action against her for compensation. Like I said, cheaper and easier to just put your things into storage right away.

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Answered on 9/01/10, 6:12 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Even though you are not on the lease, Florida does afford you some protections from spontaneous eviction, especially since you have been paying 1/2 the rent. The problem is that if she calls the Sheriff to come remove you they will not likely allow you to stay there without your name on the lease.

My best advice is to try and work it out by setting a specific date to leave and then taking steps to do it. You can hire and attorney to try and block her from evicting you, but it will likely be expensive and you will be living with the person you are suing.

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Answered on 9/01/10, 7:33 am


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