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Can I be evicted from a residence if I am a resident there and was told I could stay for as long as I want in the house.

Fort Lauderdale, FL |

My ex mother in law is power of attorney of an elderly woman. Ex mother in law told me and my children to move in to this woman's house and stay for free as long as we wanted. 2 weeks in to it, if that, she told me to get out for no reason. I believe it was a plan to have her son gain custody of our children. I continued to get my children as court order says and because of this, she wants me out. I called police and the police even said to her that I am a resident and you will need to go to court. Yet, a couple of days later, she gives me a 3 day notice to move for eviction. I am not a tenant though and pay no rent. It was an oral agreement between us that we can live here and I have witnesses as well. Now, she filed in the courts for eviction of tenant. Please help next step for me...

Ex mother in law filed for eviction and they sent me a notice in the mail at the house. She has also harassed me as well as her grandchildren who reside with me in the house on certain days. Do I respond to the eviction notice? What is the best way to go about this? Need help!

Attorney Answers 2


If you are not a tenant, not paying rent, then it sounds like the proper cause of action against you is one for ejectment not eviction. Circuit courts not county court have exclusive jurisdiction over ejectment. Ejectment also takes longer to get someone out of the property then eviction.

I would recommend you find a local attorney. Most county court judges understand the difference between ejectment and eviction, but it is a legal argument that probably would be best made by an attorney on your behalf.

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Stephen, this is my ex mother in law who told me and her grandchildren to live with her friend who is elderly. She has POA over the lady only. Also, I found out the elderly lady is not the owner of her own home, which I live in. I sent my response for help to the court and the court recommended mediation to resolve the issue, but I do not think my ex MIL will agree on anything that is beneficial to myself. I believe it was all a plan to show me as an unstable parent, which that is far from the case, but either way I plan to move out in July. I was just wondering about your thoughts as to the judges ruling. I would imagine he would check the owner of the home but may be not. Do you think after hearing about the mediation that the judge is being helpful in my favor? Thanks a million!!!!


Yes. She can evict you even if you do not have a lease. Eviction is a judicial process in Florida and it sounds like your landlord is taking the proper steps to have you removed from the property. I recommend you seek a local attorney to help with the eviction.

This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton (904) 854-6336.

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