What to do if my fiance’s dad has sent me a certified eviction notice?

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What to do if my fiance’s dad has sent me a certified eviction notice?

My fiance and her sister are on the deed along with him. He doesn’t want me in the house even though he stays in another city. What happens when I go to court for the eviction hearing? I have been paying property taxes for the last 4 year’s., as well as makeing home improvements. Her sister wants nothing to do with the house and her dad has not lived here in 4+ years.

Asked on October 3, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no written lease, then even if you are considered a tenant not a guest (which you may be, since the property taxes you are paying could be considered your rent), you are a month to month tenant on an oral lease. That means that your tenancy may be terminated at any time by the owner(s), on 30 days notice.

However, if your finance is on the deed, she is also an owner of the house. She can give you the permission to stay there; so as long as she allows you to stay, such as her guest, you can stay. Her father should not be able to evict you as long as a co-owner allows you to remain. Your finance should make sure she goes to any hearing or trial, so she can explain that she is an owner of the home and is allowing you to reside there.


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