Legal Question in Real Estate Law in Florida

My father passed away last month. He lived with his girlfriend in my grandmothers house. There is no lease agreement or any of that matter. The girlfriend however does not want to continue paying the house mortgage that my father paid each month, but she does not want to leave the property. She changed the light bill to her name and she does receive correspondance at the address, but so does my grandmother and my father. My grandmother wants to move in to her house now that my dad has passed away and the girlfriend does not want to pay the mortgage.

What is the proper pocedure to evict this woman out of this house?

Do I have to go to courthouse to start eviction process?

Would it be legal to move in to the house even though she still in there, so hopefully she can leave sooner?


Asked on 8/02/10, 4:12 pm

2 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

She would be considered a tenant under the law. Thus, first you should serve her with a proper three-day-notice. Once the notice is served and the time expires, you can file an eviction action against her.

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Answered on 8/07/10, 9:00 pm

You need to institute a tenant eviction action against her.

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Answered on 8/08/10, 9:33 am


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