Legal Question in Landlord & Tenant Law in Florida

I live in Hillsborough County Florida and am the homeowner where my ex-girlfriend and I live. We have only a verbal agreement that she pays a small amount of rent and she is current. We also had an agreement she is to remain sober due to her history of drug and alcohol abuse. Recently her alcoholism has returned and I have had to call the Sheriff's office to calm her down. I would like to evict her from the premise. The Clerk of Courts has advised me to contact a lawyer for this scenario. Is this not a standard eviction?

Asked on 10/17/13, 4:36 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

This may require an ejectment action as the court may not consider this a landlord/tenant situation. Good luck.

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Answered on 10/17/13, 5:11 am

Barry Stein De Cardenas, Freixas, Stein & Zachary

It is not a standard eviction since there is no agreement other than your oral one. You can notify her of the termination of the tenancy pursuant to the requirements of statutory notice. If she pays monthly that would mean 15 days notice. If she does not move, then you would have to file an eviction action. Seek some legal help as Mr. Slater is correct that the circumstances may not be a true lease and an ejectment action may be needed.

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Answered on 10/17/13, 6:11 am

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