My question involves landlord-tenant law in the State of: Florida
Both my parents died last year, with my sister living in their 55+ Sr. living complex. Parents owned the property, but not the land, the land is leased, costing $600/month. I am trying to help my sister with the drafting of a notice of eviction to give my sister fair warning that she has to move out, but I am concerned about the legalities and want to be sure we know what we're doing in case she refuses to move out on the move out date.
First, she has a disability and received disability payments and had a lump sum payment from disability, because she was initially refused so she is not broke. She does not pay rent, but she is supposed to pay rent of 1/2 the cost of lost rent, plus full utilities. Up to this point, our family has used the money in my deceased mother's bank account to pay the lot rent for the last two months, while we prepared the house for sale and took out the property.
What is the proper procedure for sending her a notice to vacate and what happens if she refuses? If she refuses what would the executor be able to do in the state of Florida that's legal about her and her belongings? Do the police come and remove her and her things from the home or how does that work?
The house goes up for sale sometime in the next month. What do we need to do as a family to handle this paperwork wise and do we need to file notices of eviction with the State or something? There may be something in my mom's will that states that if she lives there, she has to pay half rent, but does that constitute a lease?
Thank you for any help you can give me and if you have a link to a proper Florida Website for these matters, I would greatly appreciate it. I am here on this site, because all I could find was websites and forums and can't find the official place where these laws reside on the web. :grumpy:
Both my parents died last year, with my sister living in their 55+ Sr. living complex. Parents owned the property, but not the land, the land is leased, costing $600/month. I am trying to help my sister with the drafting of a notice of eviction to give my sister fair warning that she has to move out, but I am concerned about the legalities and want to be sure we know what we're doing in case she refuses to move out on the move out date.
First, she has a disability and received disability payments and had a lump sum payment from disability, because she was initially refused so she is not broke. She does not pay rent, but she is supposed to pay rent of 1/2 the cost of lost rent, plus full utilities. Up to this point, our family has used the money in my deceased mother's bank account to pay the lot rent for the last two months, while we prepared the house for sale and took out the property.
What is the proper procedure for sending her a notice to vacate and what happens if she refuses? If she refuses what would the executor be able to do in the state of Florida that's legal about her and her belongings? Do the police come and remove her and her things from the home or how does that work?
The house goes up for sale sometime in the next month. What do we need to do as a family to handle this paperwork wise and do we need to file notices of eviction with the State or something? There may be something in my mom's will that states that if she lives there, she has to pay half rent, but does that constitute a lease?
Thank you for any help you can give me and if you have a link to a proper Florida Website for these matters, I would greatly appreciate it. I am here on this site, because all I could find was websites and forums and can't find the official place where these laws reside on the web. :grumpy:
Eviction Process: When Deceased Dies, with Relative Living There, How to Proceed to Evict and Sell
Aucun commentaire:
Enregistrer un commentaire