Hello. I currently have my parents, nephew and sister living in my house. Due to the ongoing coronavirus pandemic, I am very concerned about the health of my family, particularly my parents, as both are over sixty and with pre-existing medical conditions.
However, my 40 year-old sister insists on proceeding to go about like it's business as usual, leaving the house frequently to run errands in the morning and afternoon, as well as to visit friends in the evening hours, sometimes not coming back until the next day.
As the situation deteriorates, I grow increasingly worried for my parents' health, and I fear I may be getting to the point where I have to tell my sister to either stay put or leave. But what if she refuses? What are my options here from a legal standpoint? Thank you.
Your best here is to persuade her to leave - voluntarily - for HER sake even more than yours. If she forces you to file something in court, she will have a blemish on her public record that will last for a long, long time, and this will make it difficult for her to rent ANYWHERE else for a LONG time. This is a rather harsh result when all you really want her to do is leave.
Alas, if you can't persuade her to leave voluntarily, if you have any sort of "agreement" by which she was to pay rent to you (or any other form of compensation or work) - in exchange for being allowed to stay (NOTE: Not did she actually PAY you anything or not, but did you have an “AGREEMENT” that she would do so) you would retain a good local landlord's attorney and "evict" him under Chapter 83 Florida Statutes; if there was no such agreement, your lawyer will petition for "unlawful detainer" under Chapter 82. Both of these are "summary" procedures, and can have her removed rather quickly (if uncontested, perhaps a few weeks); but unlawful detainer doesn't require any "notice" before filing suit. It would NOT be an "ejectment" (a far more complicated cause of action - where the tenant claims a right of possession based on "title" or some ownership interest in the affected real property - filed in the Circuit Court, and requiring, in most cases, a "deraignment of title" - which very few lawyers or judges even know how to do!). But REALLY try to get her to leave on her own, it would be much better for both of you. Some folks in this situation (I'm afraid it's fairly common these days) will offer the sibling some sort of help (i.e., advice, transportation, help looking, even $$) to MOTIVATE them to leave, and perhaps change the nature/tone of the conversation back to loving/caring, etc. Hope this helps. Good luck! gsg
You can tell your sister that the tenancy is over. Or that her being a guest is over.
The problem is that the sheriff won't remove her right now due to the freeze on removals.
You should still begin by giving her written notice that you are terminating the tenancy if she is a tenant. OR that you are revoking permission for her to be there if she is a house guest.
Hire an attorney immediately to get advice and representation. Good luck!
Your remedy isn't eviction becasue you and your sister do not have an landlord-tenant relationship. The remedy you need is ejectment. This is complicated and you will need an attorney.
Advice for seller - future buyer already in/on property before sale
We are selling a summer cottage & have not passed papers yet. The future owners have a trailer on the property, have changed doors & locks, done remodeling, etc.....We now can't get into our own cottage. They even have phone & electric in their name now. We have talked to our real estate agent as well as theirs & are getting no where. What can we do? Any info. as to our rights as current owner/seller of property would be helpful and appreciated. Thank you.
Probation before judgement
I fell asleep behind the wheel and hit a road sign the cop saw me and pulled me over. He gave me a breathalyzer test because I guess he felt I was drunk I passed that test. I think when he saw me he was supposed to be getting off duty because and another cop came and wrote my citations for me and he left. The new cop got me with going 85 in a 55 which I do not debate but think it probably was no more than 65 because I had the car in cruise control at 60 (That is just a payable citation so not too worried about that). They got me with negligent driving which I also do not debate because I was negligent that is also payable. Lastly they got me with eluting the cop he said he was trying to pull me over for 2 miles. I did not see the cop until after I hit the sign and then I maybe went a half mile until I saw it was safe to pull over on the left shoulder of the road. If the cop had been behind me for that long which I doubt I would hardly call 2 miles eluting the cops I was just trying to pull over to where it was safe. I was wondering do I have case and would this violate my probation before judgement for a dui i got 10 months ago.
