Legal Question in Real Estate Law in Florida

I posted before about my situation and have decided to sell the house. How long will it take to get her out once the house is sold.

Here is my back story:

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


Asked on 8/05/16, 1:54 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Sad story. You must bring an action in ejectment. Time involved depends on her defenses, if any. A few months minimum.

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Answered on 8/05/16, 4:37 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Same answer as the first time, ejectment action is the only option. You need an attorney familiar with real estate litigation. It could take 6- 12 months depending on what defenses are asserted by her, if any.

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Answered on 8/05/16, 6:58 am


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