Orlando, FL asked in Civil Litigation, Contracts and Landlord - Tenant for Florida

Q: Eviction in my rights with an oral agreement not being held up on homeowners end

Almost purchased to provide for my son and myself we were promised no rent until after my son graduated high school I was then shocked and surprised to find out they were selling the home because the potential new buyer had knocked on the door asking to come in and take pictures. I let them in they saw how the house was in despair I had reported the issues to the homeowner Tom Emery I'll never took any action to repair the things that were going on. He is now demanding money and also filing the eviction on myself my older son and my one-year-old that I now have along with his father. The demands have changed from giving me $2,000 to get out of by Sunday of last week or he will evict me. Then it was get out by Friday today sign papers head over the keys and he would give me $2,000. Then it changed to yesterday that he would help me get into a place if it was just my sons and myself. Then he offered to help me get a U-Haul and move. There are many more things that he offered and changed

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Florida, oral agreements, although harder to prove than written ones, can be enforceable. If you had an oral agreement with the homeowner about living in the property rent-free until after your son's graduation, and the homeowner did not uphold this agreement, you might have a defense against eviction based on this agreement. However, the challenge will be proving the existence and terms of the oral agreement. The homeowner's changing demands and offers can be used as evidence of his acknowledgment of some prior agreement or arrangement with you.

Evicting a tenant in Florida requires the landlord to follow specific legal procedures, including providing proper notice. If you're facing eviction, it's crucial to seek legal representation or consult a local attorney experienced in landlord-tenant law to discuss your rights and potential defenses. Keep any communication or evidence of the homeowner's offers, as they might be relevant in defending against the eviction or negotiating a resolution.

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