Ocala, FL asked in Landlord - Tenant for Florida

Q: I live with my dad in fl I pay rent he is trying to evict me which I pay rent and he is always threatening me

Dad is trying to evict even know I pay rent

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1 Lawyer Answer
Brian P. Kowal
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Brian P. Kowal
Answered
  • Landlord Tenant Lawyer
  • Coral Springs, FL
  • Licensed in Florida

A: The answer to this questions all depends on the type of lease that you have with your father. If your lease is for a year and you remain in the property after the termination date, your father has the right to evict you as you would be considered a Holdover Tenant. If your lease is month-to-month, then your dad can commence eviction proceedings against you by giving you 15 days notice prior to the beginning of the next rental period.

If you pay rent every month, you have the right to remain in the property until your father gives you proper termination notice. In the event that your father begins to change the locks or take any action that prevents you from residing in the property, then you have an action against him. This is known as a Constructive Eviction. Therefore, your father can only evict you if notice is proper.

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