Legal Question in Landlord & Tenant Law in Florida

Ten years ago I moved in with my aunt. Since she had bad credit, the house we chose was put in my name but she made the mortgage payments. A few years later we weren't getting along and she kicked me out. I have asked her repeatedly over the years to refinance the house into her own name because I'm at the point in my life now that I'd like to settle down in a place of my own but she refuses. If the house is in my name only don't I have a legal right to live there? Is there a way I can legally take the house back for myself and have her leave?


Asked on 7/28/10, 7:43 pm

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

If the house is in your name (mortgage and deed), then it belongs to you. She is basically a tenant, and you would not need her permission to refinance. If the bank will not let you refinance without her signature or you are unsure about ownership, you should check with a real estate attorney. If you do own it, she is a tenant and you could give her written notice to terminate the tenancy. The amount depends on how often she pays (e.g. monthly rent = 15 days written notice to tenant). There is information on Florida landlord tenant law available at: http://www.800helpfla.com/landlord_text.html. Regards,

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Answered on 8/03/10, 6:43 am


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