What to do if we fired an employee who was getting paid every week and living in our house for free but she won’t leave the premises?

We talked to the clerk’s office but they said they only do evictions for monetary reasons and not under our circumstances; we would have to figure out what to forms to use or hire a lawyer

Asked on June 11, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the employee received living space as part of her compensation, then this *is* a nonpayment of rent situation in essence--the employee is no longer providing the consideration (employment) for rent. It could also be viewed as breach of lease--the condition of living there was continued employment, but employment is no longer continuing. You should be able to file an eviction action as you could for any other valid ground--e.g. nonpayment of monetary rent; breach of lease. Also, if there was no written lease, only an oral one, she was a month to month tenant and you could give her 30 days notice at any time terminating her tenancy and evict her on those grounds.

It is therefore unclear why the clerk's office said what they did: the courts regularly handle evictions for many grounds, not all of which are failure to pay monetary rent. You clearly have one or more good grounds to evict.

All that said, fighting with the clerk's office is rarely a winning proposition: best would be to hire a local attorney with experience in landlord-tenant matters in this court, who will best know how to move it through the system.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.