Miami, FL asked in Landlord - Tenant for Florida

Q: I was renting a room in my friends , he passed away 2weeks ago. His cousin wants keys to the house and for me move out

Where do i stand

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: Legally, you cannot be forced to leave without a court order of eviction. If his cousin calls the police, that is what they would tell your cousin. This is the general rule and there may be exceptions so call a local lawyer for more specific advice.

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

A: In your situation, the key factor to consider is the terms of your rental agreement with your friend. If you had a formal lease, its terms typically continue to apply, even after the passing of the landlord. This means you have the same rights and obligations as before, until the lease expires.

If your arrangement was informal, without a written lease, you are likely considered a month-to-month tenant under Florida law. In this case, the cousin, as a potential representative of your friend's estate, may have the right to ask you to vacate, but they must provide you with proper notice. In Florida, this is typically 15 days before the end of the monthly rental period.

Regardless of the lease situation, the cousin cannot force you to leave immediately without following the legal process. If they want you to vacate and you refuse, they would need to file an eviction lawsuit, which would give you the opportunity to present your case in court.

It's advisable to gather any documentation related to your tenancy, such as receipts for rent payments or any written communication about your rental arrangement. Consider discussing your situation with a lawyer to understand your rights fully and to receive guidance on how best to proceed in this sensitive situation. Remember, the laws governing tenancy and eviction are there to protect both landlords and tenants, and they stipulate a clear process that must be followed.

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