Legal Question in Landlord & Tenant Law in Florida

I recently bought an home in Dade County, Florida. The old owner was trying to sell it to someone who had a Contract on the home, but was unable to Close and defaulted on the Contract numerous times. Unfortunately, the old owner let the old Buyer move in thinking it was a 30 day Close and it would not be a big deal.

The owner needed the cash and I bought the home, but now I have someone living in my house for free. They never signed a Lease and the last Contract the signed with the old owner specified that they willfully vacate by September 30, 2010 and will have no rights to the property.

Here is my problem, I now own the property, but someone is living in it. I don't know how to evict someone who is technically not my tenant nor has a Lease with me or the former owner. How do I get them out?

Thanks,

Bob


Asked on 1/11/11, 10:18 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your question makes an excellent point of why buyers need to have attorneys before they close a real estate transaction. A lawyer would have made eviction the duty of the seller, but now it's your problem. You can evict him via the county court in the county where the property is located, and if you don't know how to do this, then you will have to hire an attorney to do it for you. This "squatter" is probably pretty street smart, and will know how to delay the process, make claims to the property etc, all while living in your property for free. At this point, an attorney is your best bet, and you should sue him for back rent, from the date of your ownership of the property.

Read more
Answered on 1/16/11, 10:46 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida