Legal Question in Landlord & Tenant Law in Florida
Buying a home
We purchased a mobile home in a mobile home community. The owners were supposed to be out on Thursday 10/25/07, they have ran into several things that is holding them there. My husband even volunteered to drive the moving van to Tennessee for them, because the person that was supposed to drive it was not able to. The elderly woman and her belongings are on there way to Tennessee. Her son is still in the mobile home. His mother has paid lot rent until 11/1 but I now own the mobile home. Am I able to ask him to leave? He was never the owner and was not on the lease with the community.
2 Answers from Attorneys
Re: Buying a home
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Without knowing what was agreed upon at the closing, it is hard to fully respond. Generally, if someone remains in a residence after a closing an extended occupancy agreement is entered between the parties which sets forth the terms of the agreement including the length of the time they may stay. If the party fails to honor the agreement, a penalty provision is provided.
If they violated this agreement or if one was never entered into, you will have to provide the son with a three day notice to vacate and then file for an eviction against him in a court of law. Whomever represented you in this transaction should have protected you better from this happening.
Scott R. Jay, Esq.
Re: Buying a home
yes and seek eviction.
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