Eviction / COVID Question / Help (1 Viewer)

Waymer

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So long story short.

A family member and her family have lived rent free in a home that my family owns. There is no formal agreement since no rent is exchanged.

It has been rent free for +/- 18 months. At that time, we gave them notice they would have to move out come March 31, 2021 (originally we had said December 31, 2020 but didn't want to make them move during Christmas).

Long story short, they informed us today that they are refusing to move out of the house.

So what are my family's options? Initially I thought we couldn't kick them out because of Covid/Eviction rules, but it appears maybe March 31 we could regardless? And even then there is a process (this is in Florida): https://www.trls.org/what-florida-r... Moratorium stops,tenant until MARCH 31, 2021.

Likewise someone told me that since we have no lease and we own the house, we could just flat out change the locks and put their stuff at the curb.

Now all this being said, we don't want to be a bad guy. We've even offered to put them up in a hotel for a bit until they find a place. But the crux of the issue is that we do have a person scheduled to move in April 2nd.

Any thoughts?
 

harschman

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With the housing market in Okaloosa County, both rental and for sale, I completely understand trying to get a paying tenant into the home. We finally got under contract on a house after being outbid on 4-5 houses over the last couple months.
 

Super44

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Who is paying the utilities? Electricity? Water? If is you, just stop paying. They’ll move real quick. Also, if you show you own the house, I think you have rights to go to those service providers and have them discontinue their respective services, even you are not the one paying. Not 100% sure. Check into it.
 
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Waymer

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Who is paying the utilities? Electricity? Water? If is you, just stop paying. They’ll move real quick. Also, if you show you own the house, I think you have rights to go to those service providers and have them discontinue their respective services, even you are not the one paying. Not 100% sure. Check into it.

Not an option in Florida, even if I was the one paying (I'm not). Our laws prevent it.
 

Tater

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My wife and I are going through the same thing. We have a piece of land with a mobile home on it. Wife's sister asked if we would rent it to one of her sons and his wife. Of course we said yes and since the land and mobile home was paid for we did not charge much for rent. Went real nice for the first few months then rent started being late then none at all.

Wife then would have to have talks with them and got the sad story and some money paid.
Then went months again with no payment. They then one day they just left and when I walked in it looked like every hoarder in the country lived there. Honestly there was maybe a trail of one foot to walk through.

Wife and her sister had heated arguments and finally they cleaned it out. Then the sister had the nerve to ask if her other son could move in. My wife with the kind heart said yes, but we worked out a deal that we would sell it to him. He put a down payment and wife told him that when he paid so much a month and finished paying it off she would transfer the title to him.

Went good for about 6 months and now he is behind months, Wife is telling him if he does not pay she is putting a for sale sign in the yard. Causing a lot of problems between wife and her sister.

So our new rule is to never try to do anything to try and help a relative.
 

guidomerkinsrules

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Don't forget, the young generation also believes that land lords are evil. Shelter is a basic human right and land lords should not profit on it. I spend way too much time on Reddit.
I’ll bite
Why shouldn’t shelter be a basic human right?
 

bigdaddysaints

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Not an option in Florida, even if I was the one paying (I'm not). Our laws prevent it.
what happens if you can't afford to pay the utilities like they can't afford the rent?
 

DaveXA

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I’ll bite
Why shouldn’t shelter be a basic human right?

Well, for that to work, there has to be some basic right to work or be provided income to pay for such shelter. Shelter isn't free. So, the means to have that basic right has to be provided before making it a right.

I'm not sure where community shelters for the homeless fits into all of that, but people do get kicked out for causing trouble sometimes.

Never thought about whether shelter is a basic right, but would be an interesting discussion. I do think if you default on your payments, there has to be some recourse to allow landlords to rent their property to someone else.
 
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Waymer

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Well, the documentation/photography went well enough. The photographer showed up with the police and were let in and got the pictures. So until the end of April I doubt we hear anything else. Then we'll see what their next move is. Fight the eviction or not. Most people seem to be betting that they won't and will just leave sometime in the next 4 weeks -- the theory being if they won't pay for a house, they certainly won't pay for an attorney (which frankly would just be a waste of money and stall tactic only -- in an absolute best case scenario). But we'll see. There's always that 0.5% chance something goes haywire.
 

SoggyBottomBoy

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This was an eye-opener for me and my naive understanding of renters/landlord rights. Good, creepy flick.

 

guidomerkinsrules

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Well, for that to work, there has to be some basic right to work or be provided income to pay for such shelter. Shelter isn't free. So, the means to have that basic right has to be provided before making it a right.

I'm not sure where community shelters for the homeless fits into all of that, but people do get kicked out for causing trouble sometimes.

Never thought about whether shelter is a basic right, but would be an interesting discussion. I do think if you default on your payments, there has to be some recourse to allow landlords to rent their property to someone else.
give this a listen - it's actually more of a captialistic argument - that homelessness costs more than sheltering

 
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Waymer

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I tend to believe shelter should be a human basic right despite this situation. A lot of good pilot studies have been done with homeless. I think it's obviously not on private citizens to do so though.
 

jasonsw

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I believe everyone should have right to seek and pay for shelter and not be descrimiated or denied on the basis of creed, religion, disability or race
 

jasonsw

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so...what we have now?
Yes what we have now. Im of the belief and was raised if you cant afford it then you dont need it. You give away free housing people will get lazy and not work to provide to secure own place
 

guidomerkinsrules

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Yes what we have now. Im of the belief and was raised if you cant afford it then you dont need it. You give away free housing people will get lazy and not work to provide to secure own place
If a kid can’t afford food, they don’t need food?
 

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