My step brother rents a room from me week to week. He hasnt paid in 3 week. His mother pays his rent by check with both their names on the checks. I already told him a week ago he needed to move out because i needed to set that room up for my baby son for when he comes to visit not to mention how nasty he is. His mother text me and refused to pay the rent saying i wasnt paying mine, untrue and none of her business. How fast can I get rid of him. No lease agreement, have checks stating weekly times. With her names on the checks can i tie her to the rent due if i have to go to court?
If you simply want the tenant to leave, a week to week tenancy with no specific term can be terminated by giving written notice of terminating the tenancy at least seven days prior to the end of any weekly period. If your tenant does not vacate, then you must file an eviction lawsuit in county court. The time period to evict varies but generally takes 3-5 weeks. It is possible to do this on your own, but if you are not familiar with the process I recommend you consult with a local attorney. Attorney Carol Zimmerly is in the Kissimmee area and practices in landlord/tenant law.
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If he is not paying the rent you need to give him a three day notice to pay rent or vacate the premises. After that you can evict him if he does neither. You cannot make his mother liable for the rent just because she was nice enough to pay for him. Absent an agreement directly with her to make her liable for the rent your only recourse would be to go after your step brother.
The answers to these questions are for general purposes only and do not establish an attorney-client relationship. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Michael S. Slick, P.A. www.DaytonaLawOnline.com.
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