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  1. #1
    Registered User UniversityofFL's Avatar
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    Laws regarding kicking someone out of your house (reps for help)

    I have 2 roommates i told them this morning that i want them out by this friday (they rent one room in a house that we share). We have no signed lease, they just rent one of the rooms. They owe me money (which i dont expect to get), if they are not out by friday can i start throwin their stuff out of my house? If they dont leave can i call the cops and have them thrown out? They have lived there for about 3 months
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  2. #2
    tattoos <3 FreeBirdbulker's Avatar
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    since they are not on the lease, technically I believe you could get in trouble for throwing their stuff out. however, if you contacted the police now and told them what you said, Im sure if you did it, then called them friday, they would force the ppl out.
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  3. #3
    Registered User UniversityofFL's Avatar
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    You must spread some Reputation around before giving it to FreeBirdbulker again.
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  4. #4
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    I think you have to give them 30 days notice before they can move.
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    If they are not on a contract like you said then you have no legal obligation to do any of the above, like informing them 30 days in advance blah zay blah. You can tell the cops you told them to stay for a bit and now it is time to leave but htey refuse to leave. Lie if you have to, it's your house and since they had not paid you a dime you can kick them out, you could technically have done the same thing if they did pay you because there is no legal evidence that you are to provide them with somewhere to stay. You dig?
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  6. #6
    Jacques Rhott Bushmaster's Avatar
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    Originally Posted by mcxk
    If they are not on a contract like you said then you have no legal obligation to do any of the above, like informing them 30 days in advance blah zay blah. You can tell the cops you told them to stay for a bit and now it is time to leave but htey refuse to leave. Lie if you have to, it's your house and since they had not paid you a dime you can kick them out, you could technically have done the same thing if they did pay you because there is no legal evidence that you are to provide them with somewhere to stay. You dig?
    And there you go. Throw their asses out today if you want to, you don't owe them ****.
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  7. #7
    Registered User Therhino77's Avatar
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    i figure if u do a real professional letter that states why they are being removed and give it to them and log it. Then you should be legally fine. I know no official apt complex would let someone hang out without rent. They put a lock on the doors here if u don't pay
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  8. #8
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    Contact the law and tell them you want them out, they will escort them on the spot if you want. No contract, that is their problem, you can have them removed anytime you want. Like you said though don't expect the money they owe you. I hope it all works out.
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  9. #9
    Future former fat guy lordofchaos's Avatar
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    Well I hate to burst your happyness but, in most places, you are screwed and the laws work completely in favor of the tenants. It does not matter if they are on a lease or not. I know people who have gone through this, and basically get ready for a long, long fight if they don't want to leave willingly and know the laws.
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  10. #10
    Bob Wills wannabe cowboyathlete's Avatar
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    Change the locks once you kick them out.
    1. I thought all along you'd be the death of me, but I met one tonight who wants what's left of me!
    2. You are so full of s***, maintenance is still unclogging the toilet.
    3. Save a horse, ride a cowboy!
    4. This mission does not exist, nor will it ever exist.
    5. I'd like to check you for ticks.
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  11. #11
    Banned -Moores Gym-'s Avatar
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    Originally Posted by lordofchaos
    Well I hate to burst your happyness but, in most places, you are screwed and the laws work completely in favor of the tenants. It does not matter if they are on a lease or not. I know people who have gone through this, and basically get ready for a long, long fight if they don't want to leave willingly and know the laws.

    I'm not sure about that you know, I would of thought if these guys had no signed agreement they pretty much dont have a leg to stand on.

    And if they owe you rent which their not paying I cant see any reason why you should have trouble getting them evicted.

    no signed lease & failure to pay rent? surely you must be able to get them out easily
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  12. #12
    Bleeding texan #25 imweasel's Avatar
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    Well if there's no signed lease, technically you can call the cops and say they're trespassing, or at least threaten to.
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  13. #13
    Registered User UniversityofFL's Avatar
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    Originally Posted by lordofchaos
    Well I hate to burst your happyness but, in most places, you are screwed and the laws work completely in favor of the tenants. It does not matter if they are on a lease or not. I know people who have gone through this, and basically get ready for a long, long fight if they don't want to leave willingly and know the laws.
    do you know of any place where i can find out the laws? Im in florida im pretty sure they are different in every state.
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  14. #14
    Jacques Rhott Bushmaster's Avatar
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    Originally Posted by lordofchaos
    Well I hate to burst your happyness but, in most places, you are screwed and the laws work completely in favor of the tenants. It does not matter if they are on a lease or not.
    Yes it does. Without an actual lease, then they have absolutely no legal leg to stand on and the law won't recognize them as tenants. Its his house, they're staying there without paying and he wants them out. Simple as that.
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    Doctor of Broscience WickedMind's Avatar
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    Originally Posted by UniversityofFL
    do you know of any place where i can find out the laws? Im in florida im pretty sure they are different in every state.
    Contact a lawyer that specializes in this matter call and ask if he has free consultation. If he does go and talk to him about it them just don't hire him, and you will have all the info you need.
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  16. #16
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    Go to your University legal aid and ask their opinion. Personally, I think you are in a jam. If you are a renter, and you are having people live there who are not on the lease, then you are probably in violation of your own agreement with your landlord. I don't know Florida law at all, but in American history, law has sided with landlords. If you are the landlord, as in you are not yourself a renter and you own or manage the house, then you can probably evict them without recourse. You can evict them by calling the sherrif.

    Seriously, though, you should get real legal advice instead of asking here.
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  17. #17
    Registered User UniversityofFL's Avatar
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    Originally Posted by EctoHooligan
    Go to your University legal aid and ask their opinion. Personally, I think you are in a jam. If you are a renter, and you are having people live there who are not on the lease, then you are probably in violation of your own agreement with your landlord. I don't know Florida law at all, but in American history, law has sided with landlords. If you are the landlord, as in you are not yourself a renter and you own or manage the house, then you can probably evict them without recourse. You can evict them by calling the sherrif.

    Seriously, though, you should get real legal advice instead of asking here.
    i own he house, they are idiots and no nothing about law ect. If they dont get out asap im callin the cops friday after i get off work. I just hate to imagine what the immature pricks are gonna do to my house/stuff till they move out.
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  18. #18
    'N' Seven 2hundred's Avatar
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    You need to go through proper procedure or you will get sued by your roommates. The cops aren't going to do anything for you unless you have a writ of possession. If you change the locks, your roommates can call the cops on you. Under Florida law they can sue you for 3 months worth of rent for this prohibited conduct. Since you don't have a written lease, they would be considered month to month. You will need to give them no less then 15 days notice prior to the end of any month period notifying them of your intentions to terminate the agreement. They can do the same to you. Since they have defaulted on their rent, you need to send them this three day notice before you can move to the next step in the eviction process. Hopefully, they will move after you give them this notice.

    You are hereby notified that you are indebted to me in the sum of _____ dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the _____ day of _____, (year) .
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  19. #19
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    If they are not under a signed lease you are free to kick them out at any time. ONLY if they sign a lease are you required to give them 30 days to vacate. I wouldn't throw their stuff out on the street. Just box i up an put it on the porch so they can get it easy.
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    Originally Posted by RockyIV
    If they are not under a signed lease you are free to kick them out at any time. ONLY if they sign a lease are you required to give them 30 days to vacate. I wouldn't throw their stuff out on the street. Just box i up an put it on the porch so they can get it easy.
    That isn't true. You guys are going to get this guy in financial distress or look like an idiot in front of the judge. Laws protect tenants from just being kicked out. They don't want people to have to live on the streets for a couple days trying to find a place to live. Moreover, that would give too much control to landlords. They would be able to kick people out if they looked at them funny.
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    what happened after you told them to quit smoking in the house?
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    Originally Posted by Bushmaster
    Yes it does. Without an actual lease, then they have absolutely no legal leg to stand on and the law won't recognize them as tenants. Its his house, they're staying there without paying and he wants them out. Simple as that.
    The problem is the law doesn't recognize the contract but rather recognizes the amount of time the "tenants" in this case have been living in the house. If historically he has been accepting rent from them that leads me to believe that he had a verbal agreement with them for payment of X amount on Y day. This would be a verbal contract under most states laws and while the lease is in his name, would make him a landlord and them tenants. If this is the case he can be legally held as a landlord and trying to kick them out improperly could cause him some trouble.

    Now, with that said, most states give you a few options....

    Serve them with a 3 day notice to pay or quit. This can be served immediately following the agreed payment date. This gives the tenant 3 days (excluding weekends and holidays) to pay the rent or leave their tenancy. The problem with this would be if they pay within the time-line you are obligated to accept the payment and keep them around.

    Serve them with a 3 day notice to quit. This would only apply if you had a set of agreements in the lease or oral agreement that cannot be repaired.

    Serve them with a 30-day notice to quit. Since there is no signed lease on their part, their residency would most likely be considered as month-to-month. You can use this as long as the reason for you wanting them gone isn't discriminatory. It should also be noted that if they lived there for more than a year, it may be necessary to give 60-day notice rather than 30 day.

    It would also be worth while to note that some states have "lodger" "guest" "roomer" or "boarder" clauses which may take affect here. However I believe that in most cases these would only apply if you actually owned the domicile yourself and not rented it. Again, this varies in classification from state to state.

    For more information I would check out expertlaw.com , I believe they have a real-estate/landlord msg board somewhere if I remember correctly.
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    If you tell me how to post a link, I can give you the link to the Florida Statutes.
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    just copy and paste the address, ill rep you guys how are helpfull tomorrow ive used too much in the past 24 hours
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    Originally Posted by UniversityofFL
    just copy and paste the address, ill rep you guys how are helpfull tomorrow ive used too much in the past 24 hours


    http://www.leg.state.fl.us/statutes/...2D%3EPart%20II
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    keep all of there valuable **** until they give you the money they owe you
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    Originally Posted by 2hundred
    That isn't true. You guys are going to get this guy in financial distress or look like an idiot in front of the judge. Laws protect tenants from just being kicked out. They don't want people to have to live on the streets for a couple days trying to find a place to live. Moreover, that would give too much control to landlords. They would be able to kick people out if they looked at them funny.
    YOu aren't a legal tenant until you sign a lease. Otherwise you're just living in a guys house and giving him money.
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    Originally Posted by Thordic
    what happened after you told them to quit smoking in the house?
    ???
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    Originally Posted by Thordic
    ???
    They probably said shut up *** go back in your room and play world of warcraft

    and he was like "alright didnt mean to interupt you guys"
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    haha. Im just wondering if he even asked them or not.
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