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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

  1. 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.

    I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo rating and would be appreciated. This answer shall not be considered rendering legal advise but instead a general response to a general question. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

  2. 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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