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Why eviction when I don't have a lease or a month to month agreement. I got a 3 day notice today at 1:00pm.

Key West, FL |

I live at the residence rent free no lease papers and no agreement for a month to month basis either. because I used to help her out and take care of the premises. I am the girlfriend of her son and he is
in a home paralyzed and he wants me here and it is his house too. The mom is the owner.
her daughters got here from MI and now I'm being evicted. That is what they want and convinced her to have me gone in 3 days I thought I they had to go through the court system. With no paper work how is that possible?

Attorney Answers 2


The 3-day notice is something that would be done in order to then be able to file for an eviction. The notice itself can not force you out. The police will not escort you off the premises. Only the sheriff can do that and for that there must be a Writ of Possession issued and for that there must be a Final Judgment and for that there must be a Complaint served on you. So, there is a process.

An eviction can be used only when there is a landlord-tenant relationship. More details would have to be provided but it is uncertain whether such a relationship existed. You may be a guest, and if that is the case, then you can not be "evicted". You can be removed from the premises under a different legal action, that being "Unlawful Detainer" which is how the owner of a property can have some one who came onto the property lawfully but then refuses to leave when asked to can obtain possession.

Either way, your time in the premises will be short.

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Christopher Stephen Nelson

Christopher Stephen Nelson


Agree with the above, and will add that there is some authority in the caselaw that says regardless of whether the consideration was money, care provided to the property owner's Son, or maintenance provided to the premises, the landlord can use a 15 day notice to sever the tenancy and then evict you if they need you out of the home. It is better to vacate on your own terms and timeframe then getting any type of a judgment entered against you, which could affect you with future prospective landlords.

Jeffrey B. Lampert

Jeffrey B. Lampert


Or just as bad as having a judgment is having tbe eviction action filed at all. In tbe future, a prospective landlord might decide against renting to you on tbe basis that an eviction action had been filed.


Because rent appears to not have been paid.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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