[FL] How can a homeowner evict family members who violated a no-violence lease and are making threats?

FL Landlord-Tenant

Alex, Esq.

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If there is a lease in place and they have not violated it, you cannot just evict them. However, if you feel that you are at risk, in danger, or harm, you can try to get a restraining or protective order against them to force them out.

If they are causing disturbances or nuisance issues that could also be a basis to evict.

If there is a violation, you can give them a notice to cure and vacate, and if it continues, file for eviction and force them out with a court order.

A 7-day notice can be given.(FL Stat § 723.061(1)(b))

Florida 7-Day Notice to Quit Form | Non-Compliance

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My son and his wife and 17yo nephew moved in with us on temporary basis. They signed a contract and one stipulation was no violence. They both carry guns and I don’t trust them. We told them 30 days to get out… they laughed at us. We’ve had several heated battles but now it’s worse.

I was verbally assaulted by daughter in law because I asked her nephew to clean up a mess he made and that made me a “b*tch”. She laughs in my face when not threatening me. Told me she could kick my ass… I’m 70 she’s in her 40’s. She’s from Okeechobee Florida and brags on fighting people.

Lexi, Chatbot

Have you previously consulted with a lawyer regarding this matter?

No.

Alex, Esq.

This is Alex, Esq., and I'm happy to assist you.

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First, thank you for coming to this service and trusting that we can provide you with the proper information to help you better understand your situation. Second, I want you to know that I understand how frustrating and/or concerning your situation is, so I am here to help and hope we can work through this so you know what direction you may want to proceed in and alleviate the stress. How are you?

They also carry guns and brag about liking to fight. She even has a mug shot. I’m upset, scared, very sad. My son said he hated me last night. Three days ago he loved me.
I’ve always done for my kids the best I could but now he says I’m a narcissist bitch and I didn’t care about anyone but myself. He never called me names in all his 52 years.
I’m a RN since 1992. It’s my job to take care of people. I believe she’s causing the issues and because it’s my child she’s pushing all the buttons. They even said when they leave I’ll never see my child again.

Alex, Esq.

I am sorry to hear about this. Have they violated the agreement? How long is the lease for?

The lease is for 1 year, until he didn’t pay or broke the rules… no violence in the house.

I’ve been cruelly YELLED AT at least 3–4 times, but Sunday she wanted to fight this 70-year-old woman who had knee surgery. My son intervened and she stood back looking smug because he wouldn’t let it happen, so she won.

Sir, I’m not a fighting person. Never been in a fight except with siblings when little, but she seems to want to scrap a lot.

The lease says no violence… what does it take besides screaming at me and threatening to beat me up?! Sorry but that is a violation of the lease.

Alex, Esq.

If they are causing disturbances or nuisance issues that could also be a basis to evict.

If there is a violation, you can give them a notice to cure and vacate, and if it continues, file for eviction and force them out with a court order.

A 7-day notice can be given.(FL Stat § 723.061(1)(b))

She has also trashed me to my 27-year-old grandson whom I’ve had a great relationship with since birth. They believe everything she says.

She married my son 3–4 years ago and it just gets worse. He pays insurance on all her children but doesn’t even speak to his own kids.

By the way, one child is soon to be 18 and the 17-year-old nephew.

How do I get a court order and what does that cost?

Alex, Esq.

You can give them the seven-day notice on your own. You can obtain a form online for the State of Florida.

If they fail to comply, you would then proceed to court and file for eviction or hire a local attorney. A flat fee could be around $1,500–$2,000.

One of her kids keeps popping out kids while my son pays her insurance. She’s around 27. He’s being used but too “p****y whipped” to realize it… excuse my graphics. I’m very upset.

Alex, Esq.

I am sorry you are going through this. You can certainly proceed with trying to get them out.

Where do I get the form from the state?

Alex, Esq.

You can find the seven-day notice online. A Google search for Florida lease violation notice should show free forms.

I signed up for $199 on what I thought was free. It was called forms but I can’t cancel. Any suggestions?

It said eForms.

Alex, Esq.

You do not need to pay $199 for the seven-day form. You would have to cancel on their website.

You can also speak with the clerk of court in your county; they may have the forms for free.

I tried to find the “cancel anytime” but can’t find it. Do you know where it is?

Alex, Esq.

I’m sorry, but I don’t have any affiliation with or information about that website.

Can I ask for you or do I have to go over it all again?

Alex, Esq.

Yes, you can certainly request me. Always here to help.

Thank you.

Alex, Esq.

You’re welcome. Glad I could help.

Alex, Esq.

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