Legal Question in Real Estate Law in Florida
Eviction of Mentally Disabled Person
Tenant w/mental illness ( agressive at times ) - has written a check for rent but it was returned because the account was closed ( Joint Account w/his sister ).
a) do I have recourse on check against his sister since she is on the checking acct
w/him ?
b) In the event I cannot collect on the returned check / will I be able to garnish
his VA payment for rent & expenses incurred for after eviction? What legal
procedure will I need to follow ?
c) Is there a special method to evicting someone that is hostile in nature without having to go through the regular eviction process? His sister has had him subpoenaed to Court to enroll him in an Alcohol & Drug rehabilation since she
was not able to get him into a a regular ward for mentally Ill patients. Tenant is a an x-Vietnam Vet.
1 Answer from Attorneys
Re: Eviction of Mentally Disabled Person
Based upon the facts as you presented them the answer to question ( a ) is no. As to ( b ) you do not indicate if the tenant has a lease. The surest way to evict if there is no lease is by way of a "hold-over" proceeding. If you are seeking to evict for non-payment of rent, then it is my belief that, if are not doing it yourself as the landlord,there must be compliance with the provisions of the Fair Debt Collection Practices Act. You may call me, without obligation at 305-940-8080.
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
18260 NE 19 Ave
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
