Legal Question in Real Estate Law in Florida

Renting without a contract from family.

Hi, problem is my friend has been renting from her parents for 17 years, and without a contract. They have recently gotten into a conflict and have been threatened with her parents selling the house. Question is do they have Any legal rights in this matter? They have also thought about trying to get back their money (if they don't have legal rights) by saying that they loaned him the money would this be legal or is there really nothing they can do. They have done this to others in the family before and my friend is rather upset about it.


Asked on 10/30/97, 3:55 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

renting house from parents

If there is no written contract, but there is an oral agreement to rent, Florida Statutesgovern the nature and length of the tenancy. Ifrent payments are made monthly, then it is referredto as a month to month tenancy. In such situationseither the landlords or the tenants can terminatethe tenancy by providing written notice at leastfifteen days before the end of the month.As for calling the payments a loan, you answeredthat question by first referring to them as rent. If they were rent payments, they were not loans.Calling something other than what it is, does not change what it is.

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Answered on 10/31/97, 8:17 pm
Randall Reder Randall O. Reder, P.A.

renting without a written contract

You answered your own question by stating your friend was renting from her parents. An agreementto rent is a contract. If the rental contractis not written, then there is an oral contractto rent. If there was an agreement to pay rentonce a month, then Florida Statutes designatesthis as a month to month tenancy, which eitherside can terminate. If the agreement was that themoney paid was for rent, then your friend cannotunilaterally change the terms and call it a loan.Your question makes it sound like the parentsare somehow being unjust. What is wrong with them deciding to sell their property?

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Answered on 11/02/97, 11:53 pm


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