Regarding Laws on Residing in Florida

Regarding Laws on Residing in Florida

maxedout_41	4/22/2008 8:18:09 PM
Hi: I have some general questions relating to "housing" or "rental" laws in the state of Florida. I was wondering if somebody is staying at somebodys place and paying them cash to stay some where is there a law that states the person staying at ones place needs to be allowed at least seven days if the person being paid wants the payee to move out? I have a situation where I need a place to stay right away and am being offered a place where this person pays rent and is offering for me to stay there...but not under a lease, that there in...like a sublease. I presume that if I got receipts showing that I at least paid to stay there would there still be some law preventing them--if it ever came down to it--from having me move out right away or where they would at least have to allow me a certain amount of time to move out per the Housing Authority of Florida. Is this correct? If they didn't what would be the consequences. Also, if I had moved my stuff in...should I also have signed from the person I'm keeping my stuff at...a list of articles showing I own them? If so would it only apply to things I don't keep receipts with me seperate and away from their location...to show in fact that they below to me? Thanks in advanced for any response, MC



"David L. Martel"	4/23/2008 8:38:21 AM
Max, Look for a "tenant's rights group" located at your new town and see what they have to say. What you describe sounds like a "month to month" lease where the "landlord" is your room mate. Most likely he must give you 30 days notice once you move in and begin paying rent. You'll also be obligated to give notice. Once you've moved get your driver's license changed to reflect the new address. That will help to prove that you do reside there. Good luck, Dave M.



"McGyver"	4/23/2008 8:13:18 PM
"maxedout_41" <netsurfer802@yahoo.com> wrote in message news:166e5545-022d-4829-857d-ea65f3f4eab2@i76g2000hsf.googlegroups.com... I have some general questions relating to "housing" or "rental" laws in the state of Florida. I was wondering if somebody is staying at somebodys place and paying them cash to stay some where is there a law that states the person staying at ones place needs to be allowed at least seven days if the person being paid wants the payee to move out? I have a situation where I need a place to stay right away and am being offered a place where this person pays rent and is offering for me to stay there...but not under a lease, that there in...like a sublease. I presume that if I got receipts showing that I at least paid to stay there would there still be some law preventing them--if it ever came down to it--from having me move out right away or where they would at least have to allow me a certain amount of time to move out per the Housing Authority of Florida. Is this correct? If they didn't what would be the consequences. Also, if I had moved my stuff in...should I also have signed from the person I'm keeping my stuff at...a list of articles showing I own them? If so would it only apply to things I don't keep receipts with me seperate and away from their location...to show in fact that they below to me? Florida has some unusual laws concerning evictions and notice required. I seem to remember that even the right to advance notice of termination can be waived. If the lease between your proposed roommate and the landlord says there can be no subleasing and any sublease if void, you might be signing up to a rental that can be terminated without the normal processes. Ask the roommate if you can see the lease to find out if a sublease is legal. If the roommate refuses, or if the lease says any sublease is void, you might decide to go ahead anyway, but at least you will have your eyes open. You should have a written rental agreement. It can be written on the back of a cocktail napkin, there is no formality needed. Length and formality are for the benefit of the landlord. The tenant doesn't need much - just a writing that says you will have the right to stay on a month-to-month basis until either party notifies the other in writing that the tenancy will end, and that 30 days notice are required, and stating the rent amount. If you can't get that, then you are right, your receipts are better than nothing. Yes, you should inventory your possessions, listing only the valuable stuff, not everything. Give the roommate a copy of the inventory and get the roommate to sign a copy of it. If the roommate won't sign it, your copy is better than nothing. In that case, sign and date it yourself and have your signature notarized. For more information, find the website of a tenant's rights or landlord's rights organization in Florida. This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney. McGyver



maxedout_41	4/23/2008 3:52:09 PM
On Apr 23, 3:13=A0pm, "McGyver" <Greyp...@msn.com> wrote: "maxedout_41" <netsurfer...@yahoo.com> wrote in message news:166e5545-022d-4829-857d-ea65f3f4eab2@i76g2000hsf.googlegroups.com... Florida has some unusual laws concerning evictions and notice required. = =A0I seem to remember that even the right to advance notice of termination can = be waived. =A0If the lease between your proposed roommate and the landlord sa= ys there can be no subleasing and any sublease if void, you might be signing = up to a rental that can be terminated without the normal processes. Ask the roommate if you can see the lease to find out if a sublease is legal. =A0If the roommate refuses, or if the lease says any sublease is vo= id, you might decide to go ahead anyway, but at least you will have your eyes open. You should have a written rental agreement. =A0It can be written on the ba= ck of a cocktail napkin, there is no formality needed. =A0Length and formalit= y are for the benefit of the landlord. =A0The tenant doesn't need much - jus= t a writing that says you will have the right to stay on a month-to-month basi= s until either party notifies the other in writing that the tenancy will end= , and that 30 days notice are required, and stating the rent amount. =A0If y= ou can't get that, then you are right, your receipts are better than nothing.= Yes, you should inventory your possessions, listing only the valuable stuf= f, not everything. =A0Give the roommate a copy of the inventory and get the roommate to sign a copy of it. =A0If the roommate won't sign it, your copy= is better than nothing. =A0In that case, sign and date it yourself and have y= our signature notarized. For more information, find the website of a tenant's rights or landlord's rights organization in Florida. This answer must not be relied on as legal advice for the reasons posted here: =A0http://mcgyverdisclaimer.blogspot.com. =A0And I am not your attor= ney. McGyver- Hide quoted text - - Show quoted text - Thanks so much for the responses and any other ideas are welcome of course....thanks again. mc

Report this post for offensive content