Have i screwed up again?

[AngelinaCatHub]

Hub here and need advice particularly from our lawyer members.

Here is what I've done: I need help here and answered a couples' request (on Craigs List) for trade of labor for a room. We are a farm and we picked up a young couple 49 and 48 yrs old and the dude has 70's long hair. We put them up for a day and due to my many tasks, they are here on the third day. They LOVE the little cottage 12 X 24 on the river. They stated they were anxious to get to work. That was yesterday. For the last two days they love the place. Good. But yesterday, they made an implied commitment to start helping me.

I made a "wish list" of larger several day jobs and a multitude of pick up or less than one hour tasks. I have too many irons in my own fire, but I am not about to entertain two freeloaders. I now am terrified that I will have trouble getting them out. At 1:30 pm I knocked on the door and he was still in bed and she got up to answer the door.

The list was questioned like how to do it or what should I do. My answer was: "I gave you a list of things to do. If I have to tell you how to do anything, I may as well do it myself."

So, I've seen this before as a manager of a mobile home park with rentals. No money has changed hands, and there is no contract. Their car is out of license, and is in storage. We were to go pick up the rest of their stuff Friday and the car. I think I would be stuck if I don't get rid of them. I will have to drive them back home after telling them they are out. I don't like being wrong, but if they refuse to leave, what is my course of action?

I'm not stupid, but I do believe I've made a mistake here. Any suggestions would be appreciated. 'Hub

[keepsmiling]

Aw Hub. Sorry to hear. Sometimes we are also too trusting.
Do you have any burly neighbors to help escort them out?

[pamkev]

Ah Hub wish I could help just know my thoughts are with you

[LadyInTheRed]

You say there is no contract. But, it sounds like you have an oral contract which, according to http://www.800helpfla.com/landlord_text.html, is binding for Florida lease purposes. The problem is proving what the terms of the contract are. Do you have a copy of the craigslist ad or an email exchange? That could provide evidence of what your agreement is. Also, make sure you keep a copy of your list of tasks.

Unfortunately, if you ask them to leave and they refuse, I think you have to go through legal eviction proceedings which are outlined in the above link.

I hope you are able to resolve this quickly and painlessly.

[MSbklawyer]

Hub, you're opening yourself up to all sorts of potential legal problems with an arrangement like that: somebody gets hurt, wage & hour claims, they claim some sort of lease / squatters rights and you have to bring an action to evict them; he assaults her while on your property etc. -- just to name a few. I would get them out as quickly as I could and avoid such arrangements in the future..

[Sammie]

I am so sorry to hear this. Back in the 70's I was a divorced, pregnant mother. I saw a very pregnant woman at a dock near our home who told me that she was homeless. Her child was due a couple of wks. after mine (we were both about 7 1/2 mos. along). I told her that she could stay in my spare room until she contacted the Welfare Dept. to find her other housing, etc. To make a long story short, she went into labor, I brought her to the hospital. Welfare wanted to know why she couldn't stay with me, I explained to them after I have my baby there would not be enough room as I had 2 other children & my job. The girl tried to sue me for kicking her out, with the food, clothes, baby food, diapers & clothes for the baby that I bought her. I learned a very hard lesson.

I really hope they will leave peacefully for you. sammie

[keepsmiling]

I am so sorry to hear this. Back in the 70's I was a divorced, pregnant mother. I saw a very pregnant woman at a dock near our home who told me that she was homeless. Her child was due a couple of wks. after mine (we were both about 7 1/2 mos. along). I told her that she could stay in my spare room until she contacted the Welfare Dept. to find her other housing, etc. To make a long story short, she went into labor, I brought her to the hospital. Welfare wanted to know why she couldn't stay with me, I explained to them after I have my baby there would not be enough room as I had 2 other children & my job. The girl tried to sue me for kicking her out, with the food, clothes, baby food, diapers & clothes for the baby that I bought her. I learned a very hard lesson.

I really hope they will leave peacefully for you. sammie

OMG. I guess this is why there are not more good Samaritans among us. Frankly I think the lawyers have ruined it for all of us-- and I happen to live with one
It really makes you think twice about doing the "right thing"
Hoping, Hub, that your worries are baseless and the hippies move along. Sending hugs and positives vibes. (((om))))

[AngelinaCatHub]

Thank you my "Family".

Mrs. and I had a dinner meeting with friends this evening. Upon returning, the young woman was cleaning the other cottage on the "wish list". I am too soft I have been told. "No good deed goes unpunished", as they say. There was no sign of the guy and the gal told Mrs. a cock-n-bull story that he was in despair over a death he found out about, although that was not the story we heard this morning.

MSBKlawyer, and L in R, yes, I am in minor terror over the legalities of having a guest over for let's say three days. Could anyone just "not leave" and state we had some sort of agreement? Word against word? The deal is, room for work. If they do not fulfill their commitment side, have they not broken the "implied" lease or agreement? That would be the important thing. Of course as an out building, I have the power of the electrical switch. All that is inside is my property. The water is on my well and can be shut down. I also have the power of trespass that is posted in a large sign at our entrance. I will feel out the situation tomorrow and weigh this to pass on to you. I would prefer to give the benefit of doubt before becoming "tough". Yes I can get tough, but I dislike doing so. 'Hub

[AngelinaCat]

Hi All.

Thank you for your replies. It is my opinion at this time, that we have managed to acquire a set of 'professional moochers'. Everything is prefaced with an excuse about this condition or that condition, or this family friend that just died, or some such other ******, that I just want to upchuck my good shrimp dinner. Excuse me, but your personal problems are NOT ours.

I did tell the 'wife', upfront, that we have had to invite other guests OFF the property for wrongdoing/non-performance. This included 'Hub's brother who was doping at the time and bringing his drug dealers and crack-*****s on the property.

A good deed definitely does NOT go unpunished. While we may be earning 'stars in our crowns' in Heaven, we are reaping the firebrands here on earth.

[df04527]

I feel for ya's...i am very much the same way and way too soft and as appropriate have been taken advantage of on a number of occasions. A difficult thing for me but for the last few years i actually had to put blinders on, if you will, as I refuse to ever be that vulnerable again.

Ugh...I have no words of wisdom but you sure do have my sympathies for being in this spot.

[AngelinaCatHub]

Mrs. does err on the safe side. It is too soon to really judge. After reading Lady in Red's link, I am going to draft a simple week to week "agreement" that if they do not meet a specified time in work, they will then be assessed $125.00 per week and then they can loaf for money. That works too.

If they do neither according to the pamphlet L in R linked to, they will be at cause. They WON'T be pleased. Cable TV and their Internet is controlled from my office in the house. Not sure of the legal stuff in turning off electricity and water. BUT TV and Internet is not an essential. (except to me).

I am just praying that I am jumping the gun too fast and that all will be well. As Mrs. is currently writing, I tossed my own brother off this place due to his crack habit and *****s. (He since has turned his life completely around, and I visit him a lot. He is terminally ill).

Sammie's horror story sure hasn't helped either. Sammie that had to be a rude awakening. 'Hub

[tobee43]

MSBKlawyer, and L in R, point out the legalities of the possibility that you may have to bring "legal" action due to the landlord tenant laws in florida. however, this was a barter, one they are in violation of. that may not expedite the process. also, check you local ordinances in reference to trespass...in other words they had permission to be on the premises as an exchange but refuse to leave after they failed to comply with the agreement.

go to the local court house, get all your paperwork together JUST IN CASE and i know you will not need it. since you should just stand your ground and get the gun...KIDDING!

i would attempt to speak to them one more time, and then if that would not work, i would post on the door of the cabin and sent them notice that they are hereby requested kindly to leave the premises as something personal has come up and you now need the cabin. actually, you do, as i will be there in a few days and need a place to stay.

hub, what worries me, is this, if you turn off the electric you don't these people and i mean this from the bottom of my heart you would pick up a staving wolf and wonder why he bit you for a taste. you get the point...kindness so many times is mistaken for weakness.

they need to leave NOW. also...call the local police see if they have any suggestions, it's so country bout that area, they may have some good ideas about how to get them out easier. or, you can just say they are trespassing and refuse to leave. IF they did not sign any agreement and did NOT do the work, (despite the craig list ad) i think maybe you can get them off hopefully quicker..it's so hard to tell.

[GoingDown]

Watch this movie...

http://www.imdb.com/title/tt0100318/

... to see an extreme example of what can go wrong with letting people move in to a house without checking them out before.

My parents at one time owned a 4-plex, and the horror stories I could tell you about it! They were too trusting, too. Once they rented to a guy with a sob story, and as soon as he got the keys and moved in, without paying any rent mind you, he started to complain about the apartment, and when my parents tried to kick him out by removing his front door for "repairs," he called the police on them. The police told them to put the door back on immediately, or they would be arrested. They had to go through the entire eviction proceedings in court to evict him, and it took months to get him out of there legally. All the while he didn't pay a dime of rent, and damaged the apartment significantly.

Always run a background check on potential renters-- get their driver's license information and do court record searches for evictions at least. Call references-- especially former landlords. And verify that these landlords are actually who they say they are and not just fake references like some of their friends posing as landlords. Call their current employer to ask about them, and verify they are who they say they are. If any of it sounds fishy, don't rent to them.

But yes, call the police and see if there is any legal way to get them out of there now without going through formal eviction proceedings in court. If they say you have to go through court, then get started on the legal proceedings right away. Consult a landlord/tenant lawyer, if necessary. But it sounds like these people are trying to take advantage of you, and the sooner you get rid of them, the better.

[stray]

I agree, sooner they go the better. It doesn't sound like whatever work "wife" does will be worthy of you good people and your lovely property. And what is "husband" off doing if he's not working and not there? Creepy. Yes, talk to the local police/sheriff for advice. I've lived in Florida, both in a small beach town, and rural swampy country, each had its own way of doing things. The longer they stay, the more confident they will become. I don't think it's too soon to judge, if they had any character they would have dug in and got to work right away. If they were just a little lazy, they would have slacked off later. But they had the ba&ls to take from you without working for it at the very start. They are not worthy.

I actually know a couple who lives on property in exchange for upkeep. She is a little lazy and spoiled, he's not the most energetic, but they have the utmost respect and appreciation for the property and the owners. They take very good care of the home and land. It is working out well for both parties, and 3 yrs later he has a steady job and they had a baby. So there are appreciative people out there.

Good luck to you both. You've already been over-the-top nice and kind, now please be direct and firm. You guys deserve peace in your own home.