How can my elderly mother get a tenat out id he refuses to do so?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can my elderly mother get a tenat out id he refuses to do so?

She rents a room in her house and has asked this tenant to leave. At first he agreed but has now declined. Does she now have to go through court process which is very pricy

Asked on March 25, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, she does need to evict the tenant through the courts, by bringing an eviction proceeding--it is illegal to lock out or evict a tenant other than through the courts. Also, she can only evict for good grounds--if there is only an oral (unwritten lease) she can evict more-or-less at will on 30 days notice, but if there is a written lease, the tenant can only be evicted at the end of the lease, for nonpayment, for material (important) breach of lease terms, or certain other grounds (for example, threatening or stealing from the landlord; grossly negligently or intentional destroying or damaging the landlord's property). While it's understandable that you mother wishes to avoid unnecessary expense, unless she is comfortable with the legal system, she should retain an attorney to help her. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption