Legal Question in Landlord & Tenant Law in Florida

I'm in the middle of evicting a former employee that lives in my house as part of his pay. He is planning on fighting it tooth and nail. I know that under Section 83.46(3), Florida Statutes I have a right to start charging him rent starting the day after they left employment. He has made it very clear he feels he has a right to stay. We gave him a 7 day, due to his paycheck was paid bi-weekly, thus rent was bi-weekly, as well as a 3-day notice. My question is, 1 does he have ANY case against us to drag this out? and 2 the water is in my name, I know I can't shut it off, but can I give them notice that I'll be turning it off? Thanks


Asked on 12/13/10, 6:02 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your question makes a good point for why landlords should have written leases, and not "agreements" that by-pass traditional rental terms. Most states have tenant/landlord law that favors the tenant because courts believe that landlords are in a superior bargaining position, and often courts will give extra time to renters to vacate. Of course, that doesn't mean that he won't owe rent for that time period, but you may have to sue for unpaid rent. You can't turn the water off, not even with notice.

Read more
Answered on 12/18/10, 7:49 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida