Legal Question in Landlord & Tenant Law in Florida
My sister moved in with my mother 3 years ago due to an illness...and in November allowed an old acquaintance to move into her house that she had not been living in for awhile. This person has refused to leave once she was asked to leave in January. My sister hired a lawyer but the acquaintance went to legal aid and even though there was no signed lease she is still there even after trying to evict her........seems like I am not getting all the info but the lawyer for my sister refuses to talk to me directly....thoughts on what I can do to get the house back....can my sister just go in and re-occupy?
3 Answers from Attorneys
She likely needs to file an ejectment action. It is her problem. You cannot do anything.
If there is no lease and no funds have been paid, then she needs to file an ejectment. The fact that the person went to legal aid should not be a problem for your sister. Your sister has done nothing wrong and legal aid for the other person could do no more than advise the person they would need to leave upon the proper service of ejectment.
It would appear from your statement, the legal aid has helped the interloper to avoid eviction. As there is no lease, a demand must be made for the immediate return for possession of the premises and a ejectment lawsuit must be initiated. The other suit must be dismissed before proceeding to the next case.
Joseph Brien, Esquire
The People's Advocate
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