Auburndale, FL asked in Family Law and Landlord - Tenant for Florida

Q: Can my parents kick me(27), my wife(24), and my 2 year old son out w/o notice and with a verbal agreement to pay rent?

Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got back together. She moved in with me around that time and when she did my parents made an agreement with us to pay rent to them. Now they want us out and are trying to kick us out immediately and we have nowhere to go. I am preparing to go back to college and my wife works full time and our son goes to daycare every day. My license has this homes address and my wife receives mail here too. What can I do to get more time for us to put together the funds to move out fully?

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

A: It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without proper notice. Typically, this notice must be given in writing and allow a reasonable amount of time for you to find alternative housing, often around 30 days, but this can vary depending on local laws.

You should check the specific tenant rights and eviction procedures in your area. Many places have tenant advocacy groups or legal aid services that can offer guidance and support. They can help you understand the eviction process and what steps you can take to negotiate more time to move out.

In the meantime, it might be helpful to have a calm conversation with your parents. Explain your current financial and personal situation and see if a compromise can be reached. Perhaps they would be willing to extend your stay in exchange for additional rent or another arrangement until you can secure new housing. Being open about your challenges and plans might help ease the tension and lead to a solution that works for everyone.

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