Legal Question in Landlord & Tenant Law in Florida

What kind of notice am I required to receive for eviction from a family member? I have lived in the same house for 20 years. In June of this year my husband died. until 7 years ago when my husband filed bankruptcy, he and my mother in-law were co-owners of the house. He signed it over to her to file. We have lived here rent free (the house is paid off) the entire time with no rent required. She even has been paying all the bills here for the last 7 years on top of it. When he passed I asked for 3 months then I would put the bills in my name as I didn't think it was right she always paid everything. My husband didn't mind. She did that and today she came with another family member and they tried to hand me a piece of paper I said thank you and shut the door without taking it. they left it and it says they have started eviction process. what is going to happen now?

Asked on 11/05/18, 7:24 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

This is more difficult than might be thought. Without payment of rental, they technically cannot evict you that have to file an ejectment action. That means circuit court as opposed to county court eviction. Do you want to leave? Best thing to do is worth out an arrangement and time frame. Seek some legal guidance

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Answered on 11/05/18, 8:16 am
Lucreita Becude Lucreita D. Becude, P.A.

They will have to serve you formally with an ejection action since you are not paying rent. Please get an attorney as you have equity for being part owner for 20 years prior to filing a bankruptcy. I am sure they will come up with a regular eviction action and you will need to respond to it. The court will then kick it out once you have told your side and they will then have to refile and go through circuit court. It will costs them more money to do so but you will have a better chance under ejectment to stay in the home and possible be paid for maintenance as well.

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Answered on 11/05/18, 10:27 am

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