Legal Question in Real Estate Law in Florida

I live in New York and need to evict my son's wife who lives in my Florida home. I owe the house and the mortgage is paid off.

I originally let my son, his wife and her disabled son from a previous marriage live there as long as the bills were paid and they maintained the place since 2013. My son lost his job and his wife was the sole breadwinner during the whole time.

Unfortunately, unknown to me, his mistress went to the house the confront the wife and the police were called. My son left, this was in January 2016. His wife has continued to live there with her disabled son. During this time his wife has become disabled due to an accident and she cannot work, and is living on her son's SSI income and food stamps. There was never any lease or rent just bills be paid and she has done that.

I gave her 30 days notice on the phone and she said she has no where to go, she is an orphan (which is true) and that they are on a list for low income housing, who knows if that can take years?

Long story short, won't get into personal details but I have to get her out, my son needs the place. He left the home they shared together in Florida which is owned by me and now he wants it back.

Do I have to travel to Florida or can I do it from NY. Will I need an attorney for an eviction or can my son do this on my behalf. How much will all of this cost?

Thank you in advance


Asked on 7/07/16, 7:05 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You would need to provide written notice, your oral notice is not enough to terminate the lease. You need an attorney. You don't have to travel here, but you may need someone to testify for you at final hearing, familiar with all the facts. Costs and fees vary. Look up and speak to an attorney in the appropriate County.

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Answered on 7/07/16, 11:55 am


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