Legal Question in Landlord & Tenant Law in Florida

No lease/Asking to leave

My boyfriend, who is not legal in America, has been living in his apartment for two years. He was behind on rent when I met him, paid some of it, and is behind again. The landlord wants him out. There is no lease and it seems very shady. First, is my boyfriend at risk for being illegal and not paying rent (if the landlord brought in the police). Secondly, what rights does he have for living in this apartment for so long to try to find a new place to live. He has proof from electric bills.


Asked on 6/23/05, 7:21 pm

1 Answer from Attorneys
Patrick Dervishi PATRICK DERVISHI, P.A.

Re: No lease/Asking to leave

Two issues involved. One is with the immigration; the other is with the landlord. Both unrelated but affecting each other depending on what other people do. If your landlord calls in the INS then they "could" come and pick him up. As far as the lease goes, you have a tenancy at will and will go as long as the term of the payment. If you paid monthly, you have the right to stay until the end of the month. Landlord must give you notice at least 15 days prior.

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Answered on 6/24/05, 5:17 am


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