Laws and rights regarding eviction when there is no rent and its a family memeber?

Question

I live in FL with my bf and 2 young children. His mom has a servere illness and is on hospice(end life care) and his 75 yr old grandmother also live in this house(which is owned by his grandmother). We were not asked to pay rent we were to take care of the medical problems and the house in stead of. His aunt just told me she wanted me to leave and gave me 1 week to get out and is going to put his mom and grandmother in nursing homes. Currently neither my bf or I are employed(he lost his job because of amount of time have to take off due to his mothers medical issues. (as an ex of severity she has had 44 surgeries on her abdomen and has 6 ft of intestine and 15 differnt meds to take so its a big deal to take care of her) What I want to know is if his aunt has to go file an eviction. If she does by FL how long we have to leave. And since it wasnt a rental (no money exchanged we did by food etc.) how it or if it changes the eviction. Not that we dont/wont go just want time

Answer 1

It is very sad that you would force your poor aunt to evict you, she is under so much stress as it is.

The eviction will take her about 15-16 days, cost both of you money, and will be recorded on your credit report.

Give the poor woman a break and just leave, you should not treat family, expecially older family, this way.

Answer 2

The only way she can get you out is to evict you. and that takes time. She has to file papers, serve you, then wait till a court date is set and go talk to the judge. Explain your side of the story. Your probably not going to win, but it will give you time to find a new place. Since there is no lease there will be nothing on your credit report. Don't and I mean do NOT give anyone any personal information about yourself ( DOB, SSN etc.) the courts may want them but you are under no legal obligation to do so. They may even threaten you. If they ask , just tell them " your not the dept of social security and your not tell them anything"

In the mean time start putting some money together and go get a new place before the hearing, Good luck to you

Answer 3

Left out the most important piece of information:  Who owns the house?  Does aunt own home?  If NOT, she has no right to tell you to get out.  If she does, you are At Will tenants, and FL law on that controls.  Not sure how much notice is required in FL.  Who agreed for you all guys to move into this home?  Yes it can be cheaper than hiring caregivers and nurses, and can be better for people to stay in their own home.  However having 2 young kids underfoot may be a problem.

Does aunt have legal guardianship or power of attorney for the mother and grandmother?  If she does, then she may be able to put them in a home and order you out, but not without notice.  If she doesn't, then Public Guardian can get involved for the two ladies.

You are tenants, even if you traded caregiving for rent.  That's not uncommon nowadays.

Answer 4

Well, that's heavy. I think a lot of baby boomers want to end their days in their own homes, but they'll discover that it's expensive to pay someone to clean their diapers.

You want more time? Tell that to your bf's mother! We don't always get the time we want, so we have to adjust. In this case, have mother and grandmother created their wills or a living trust? NOW would be the ideal time to get those documents into place, because their time is running out fast. Sorry. The end must come for all of us, and it's often sooner than later.

Elderly who break a hip live about 6 months, on average. Your bf's grandmother broke two. I think you've reached the point where constant medical attention in a care facility is justified--you need a skilled caregiver to handle the woman. It would be interesting if you were a student trying to earn her certification (CNA). But you are not.

If your grandmother uses any medicare coverage to pay her bills, then after she dies, Medicare will come to collect from her estate. The aunt, who might be scheming to grab that house, probably will be forced to sell the house to pay those bills.

Google Florida + "tenant landlord law" to learn the eviction process. Also, Google Florida + "elder law". Whether you pay $$ or not does not change your status as tenant. The state dictates how tenants are treated, not how much they pay for rent.

You are tenants, whether you paid the grandmother or not. You traded service for the right to live there. The grandmother was your initial landlord, and the aunt will have to show that she has been granted authority to determine what to do with the grandmother. THEN, she becomes your landlord and she will have to follow the state eviction process.

Either way, you'll be leaving after grandmother dies, unless she put you in her will! And you are going to need a job. Both of you should seek work then seek housing. He works days, you work nights. Do it now.

Answer 5

Apparently Florida has rather short eviction periods.  It may depend how long you have lived there (even if you pay no rent).  If you are considered weekly you can be asked to leave in as little as 7 days.  If considered monthly you might have 15 days.

Look through this http://www.800helpfla.com/landlord_text.... and scroll down to Section 83.57, F.S.

Answer 6

If the aunt is putting them in the nursing home, she obviously has conservatorship over them, which means she is in charge.  As you have paid no rent and the fact that it is family, she is allowed to tell you to leave.  It would be nice if she gave you time to find something, but you cannot expect to live there for free.  Your BF should have been collecting unemployement or you should have been working.  She no longer has use for you to live in the house and she is well within her right to "kick you out".  Start packing.  There are no rules for eviction here and if she has to take you to court, you would lose big time.