Legal Question in Landlord & Tenant Law in Florida

My question involves landlord-tenant law in the State of: FLORIDA

My question involves landlord-tenant law in the State of: Florida

My ex fianc� and I have been living together for 6-5 yrs. I helped her find and buy a home about 3 yrs ago -even loaned here $2000 to pad her bank account to qualify, I found the home, negotiated terms of sale etc. We have been cohabitating as room mates the past year.

Yesterday (Fathers Day 2016 no less) she handed me eviction notice giving me until July 29th to move.

She has been waiting on Soc Sec disability claim for 2 yrs. In Jan 2016 she upped my rent from $800 (incl utilites) to $1200 /mnth because she was on the verge of being unable to make her mortgage payments. I had open heart surgery in Oct 2015 and am still in recovery, a weakened state - and moving would be a huge inconvenience for me in my current state of health (also on the verge of dialysis) as 99% of the items in the home are mine and there is ALOT to move.

I have paid the $1200 every month on time when she asked for it the first week of the month. Everyone knows she has taken advantage of my health situation to gouge me on rent. -but I had no choice but to pay it. '

I have no lease agreement - so just need to know my legal rights on this situation. She has no reasonable reason for evicting me - she just says she wants her home to herself - she recently got word she is going to be awarded her full disability claim - so this comes at at time when she will get $10-15K in back payments settlement funds - so she no longer needs my $1200 /mnth rent payment.

I do have copies and photos of checks I wrote her as proof of payment - but that's it.

My only leverage in this situation is giving her an ultimatum - telling her that I need a 6 month lease at the old $800/mnth rental price (where we split the mortgage and bills) - or I will turn her in to Social Security for disability fraud - as I , my friends and family know she is not truly disabled and is defrauding the system.

Any advice on how to handle this ?


Asked on 6/20/16, 9:36 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Without a lease agreement with appropriate statutory notice the agreement to allow you to rent can be terminated. She does not need a reason to terminate the lease she just needs to meet the statutory criteria which she has based on the notice you indicated. As for the whistleblower issue, I really think it is separate and attempting to leverage it to your advantage will likely backfire. Time to look for a new place to live.

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Answered on 6/22/16, 1:24 am


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