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

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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 9 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.


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