Unlawful Detainer Defense Tips

Summary

Unlawful detainer is a civil action requiring a court order. As a tenant, you have rights, including a proper eviction process. If your ex-fiance is on probation and not allowed at the house, it could impact the case. In Florida, organizations like Florida Rural Legal Services, Legal Aid Society of the Orange County Bar Association, and Community Legal Services of Mid-Florida provide free or reduced-cost legal assistance. A parent cant typically force the other parent to leave while the children stay without a court order. The court focuses on the best interest of the child.

Full Conversation

Hi I'm facing a unlawful detainer summons from my ex fiance. Is two minor children and I live in the family home. Can he legally make us homeless? He's not allowed at the house because he's on active sex offender probation. He lied to the court and said he asked me to leave and I refused that never happened what can I do do I have a chance on staying in the house until he's off of probation?
Hello Valerie, I'm sorry to hear about your situation. To provide you accurate information, could you please tell me which state you're located in? Laws regarding eviction and housing rights can vary significantly from state to state.
Florida
Hello Valerie, here are some general points based on Florida law:
- Unlawful detainer is a civil action and requires a court order.
- As a tenant, you have certain rights, including the right to a proper eviction process.
- If your ex-fiance is on probation and not allowed at the house, it could impact the case.
You should consult with a local lawyer for specific advice.
I have no money for a lawyer and legal aid will not help me
Hello Valerie, I understand your situation. In Florida, there are organizations that provide legal assistance for free or at a reduced cost. Here are a few that might be able to help:
*. Florida Rural Legal Services
*. Legal Aid Society of the Orange County Bar Association
*. Community Legal Services of Mid-Florida
You should reach out to them for assistance.
He also stated that I had to leave but the kids can stay
Hello Valerie, in Florida:
- A parent can't typically force the other parent to leave and have the children stay.
- He would need to secure a court order to this effect.
- The court focuses on the best interest of the child.
Please contact the organizations mentioned before for legal assistance.