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I dont have a lease so can my landlord legally evict me because i didnt immediately give her my extra set of keys?

Miami, FL |

I live in a rooming house and i have a private entrance in which the landlord has keys to, so she has access to my room to do repairs but she wants the keys to the door leading to my room from the inside of the house which i told her i would give her when i woke up being that i work late nights, she hasnt given me a reasonable amount of time to give her the key (she asked at 7:15 am and it is now 11). My rent is paid and up to date. Can she legally have me evicted because of this, because i dont have a lease??

Attorney Answers 2


It may be possible to evict you for a variety of reasons, but I doubt she will do so for such a minor detail. In the future, try to get a lease for any unit you rent. It might be a good idea for you to get one for this landlord as well, this protects both of you in the event of a disagreement. In many states, if there is no lease, a tenant is treated as month-to-month tenancy, meaning you only need to give her and she only needs to give you 30-days notice to move.
You shold be able to find a standard lease form for your area online, try obtaining one and having your landlord sign it to protect both of your rights. If all else fails, you may need to contact a local lawyer through avvo or through the miami bar association. Good luck!

This should not be construed as legal advice or the making of an attorney-client relationship. this information is purely for informational purposes and should be treated as such.

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The basic response to your question is not likely, if you are a tenant. However, there are many issues with your case.

The first issue with your question is that you state you don't have a lease. If you don't have a lease you can't be a tenant and are therefore you are a guest, being a guest the owner can remove you from the property at any time.

Sounds like you may have a verbal agreement to lease. In Floirda you are allowed to have a verbal agreement to lease if the lease is for under 1 year. Since you have been paying "rent," you will may likely be able to prove that there is evidence of an agreement to lease the room.

Moreover, if you have a valid lease and the landlord wants to evict you, there are several steps that must be taken in order to properly evict in Florida. Self Help, which is where the landlord just kicks you out of the house, is not allowed in Florida.

It may be that the landlord is just threatning to evict you, without knowing what the law allows them to do, just so that you comply. It also seems that all the landlord wants is the key, which is probably a lot easier to do then go through an eviction proceeding.

You are going to want to talk to an attorney if the threat of eviction becomes imminent. Even if you are evicted, there may be the ability for recourse through a wrongful eviction claim. A local attorney would be able to discuss this further with you.

Legal disclaimer: This communication should not be construed as legal advice and does not create any attorney-client relationship. Furthermore, the communication is for informational purposes only and may be partial or incomplete based on the facts and circumstances of your particular legal issue and/or the space provided by You are advised to seek the advice of legal counsel and are also advised that, should you have a claim against any person for damages or other relief, the statute of limitations may preclude such claims from being brought after a certain period of time. For this reason, you are encouraged to seek counsel for your particular legal matter as soon as possible.

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