How long does a former companion/caregiver have to vacate the property when their significant other passes away?

My brother was a companion/caregiver for 16 years. His girlfriend passed away, the house is going to probate. Her family hand delivered an eviction notice and it only gives him 3 days to leave. He is in the hospital himself. Does Florida allow him long to move? Shouldn’t an eviction come certified mail? No one else was on deed except the deceased.

Asked on October 28, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The laws of all states in this country pretty much require a thirty (30) day notice to terminate a lease to be personally served upon the person who the landlord wants out of the rented or occupied unit.

The thirty (30) day time period runs from the time the person is personally served with the eviction notice. The eviction notice typically is personally served (hand delivered) upon the tenant or occupant.

I recommend that your brother consult with a landlord tenant attorney about his situation.

Good luck.


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