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Many Homeowners allow a family member to live on their property without a lease and without paying rent. While it may seem that you are being helpful, problems often arise.Therefore, what steps must they take to Remove a Family Member or Friend From your Home in Florida? Many people think that you can file an Eviction against them. This is not true. You need to file an Unlawful Detainer Action. This is governed by Florida Statute Chapter 82.
How do I Remove a Family Member from my Property?
Unlike an Eviction, a Homeowner does not have to give notice to the Family member or individual that they are trying to remove. This is because there is no Landlord/Tenant Relationship. Once you file the Unlawful Detainer, they have 5 days to respond. Unless they can prove that they have a lease or pay rent, the Court will likely enter a Final Judgment.
Unfortunately, many Homeowners allow a Family Member or Friend to stay on their property to help them get back on their feet. While this appears to be the right thing to do, some good deeds do not go unpunished. As a result of trying to be generous, you may end up having to remove them through the legal system. The Unlawful Detainer Process can take 4 to 6 weeks. During this time the Family Member or Friend can remain on the property. Until the Judge enters a Final Order, the Homeowner cannot prevent them from continuing to live on the property.
It is very important that a Homeowner understands the difference between an Eviction and anUnlawful DetainerAction. If you need to remove a Family Member or Friend from Your Home in Florida,contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. You can speak directly with Brian and can be assured you will receive aggressive and competent representation.
11 Comments
Natalie ChaconMarch 27, 2021 at 12:57 am - Reply
I am married and during the course of my marriage my husband has regularly had relatives move in with us causing problems between our marriage. Approximately 1-1/2 ago my husband said he was bringing his son to move in with us. I immediately said no because of his son’s aggressive behavior and not wanting to abide my the house rules. My husband didn’t listen and brought him to move in with us anyway. Now his son has demonstrated his aggressive behavior slamming doors, throwing things, talking back to me, speaking loudly at night while I am trying to relax from a long hard day at work. His son retaliates each time he is disciplined due to his behavior. And it’s starting to affect my personal health. I have lost sleep causing me headaches along with dizziness. I would like to have my husband’s son removed from my house because he doesn’t want to cooperate and only causes disturbances for our home and family.
chelsee n margavageMay 1, 2021 at 7:30 am - Reply
Hello I need help! I need my ex out of my home and he won’t leave! He’s making things really bad for me and literally making me insane! Jk but no really I’m trying to do this legally because he’s a very narcissistic person and he is the Antichhrist in my eyes!!! I know this sounds crazy but it’s all very serious and I feel as though I can’t do anything about it and it’s not fair. The lease is in my name and I moved here first and then he came and moved in for good after our wreck!! He was just as nice as he could be and I got him all situated and got his settlement and did all the….. everything and I mean everything! Long story short he’s trashing and making my life a living hell. My roomate/ best friend died on March 12th and I’m trying to stay here and rent from his mother however I’ve been putting alot of money into this place and he’s trashing it.. literally!! Why can’t I just evict him?
Trent westMay 2, 2021 at 2:04 pm - Reply
I have a neighbor that two siblings live on their parents property & their mother past away the other siblings live far away . The sibling that the mother put in charge of her estate was supposed to let her siblings live on property but has now supposedly sold said property & the new owner came with his buddy sheriff’s and kicked them off the property with no notice or eviction . What should they do when the law breaks the laws & violated their rights ? The new supposed owner even cut the locks off the gates when him & his cop buddy’s kicked them out with no legal right . They coerced them by the intimidating cop’s telling them they had to go . They need help !!!
Pam DysonMay 21, 2021 at 9:24 pm - Reply
I have a daughter that lives in my home that I own she pays nothing she abuses my house and she has bitten me up how can I get her out
GogiMay 30, 2021 at 12:02 am - Reply
My brother is only leasee on rented property I share with him, his soon to be ex wife and his 2 toddlers. She was arrested and no contact ordered exception phone calls. The next day he dropped charges she came back she went ballistic on me and while I was at work put half of my belongings in living room and said I now had to leave. I did not. I pay rent my mail furniture clothing car AMD if address is registered here. The next day she filed a fabricated statement to get an injunction on him, the only leaseholder. I have remained neutral and she is to leave the home and file divorce by 5/24 instead her atty got her a continuum to find a place until 6/15. Out of the blue last nt she told me I lied to her that my brother was at my barbershop last Sunday’s didn’t she was in the parking lot to bring me lunch. She NEBER DOES STUFF LIKE THAT! this is entrapment if they would’ve ran into each other I didn’t physically see her for 2 more days with work schedule and I told her he came for a haircut. She told me to get out after just trying to get her dad to take over lease and stay in home with me prior to that day. AMD the children. All of the sudden, as of last nt, she thinks she can just throw me out. I have special circ*mstances and do not currently drive. I work 6 days a week 4 of them from 8-8. Dealing with the general public and checking personal issues at the door I’m a barber. This is unecessary drama and fabricated narcissistic attack 101. 3 more days lapsed SIMCE I told her he was at the shop because she was very ill, did not come out of bed. I worked and helped as I was able at home. first she had her friends I know slightly call me and interrogate me then twisted our conversation and went ape s**t on me. She is not on lease pays no bills. My brother is lease holder AMD still paying rent even though he’s not permitted 500 ‘ from home. And this must go on until 6/15/2021 when the injunction will drop. What can I do to get her to stop threatening and lowing about me to other people? If I leave temporarily my belongings are here and she’s already severely altered them as well as cashed a check I wrote to her babysitter to her account then giving it back to me and asking for cash in exchange because the babysitter doesn’t accept checks. I received a notification from bank it was cashed.then she remembered cashing a check written to someone else digitally into her account, while still asking for a cash replacement 350$. In lieu of some bill money. We moved into this house April 4 I gave my brother a check for 500. I gave him $50 half of wood bill days later AMD two weeks later she told me he was worried about money so I gave him 500 cash. Last Monday I wrote her babysitter a check for 350 in lieu of partial upcoming rent and she cashed it she is threatening my livelihood my health my freedom. Please help me with clearly stated laws and statutes
Lucia Alfieri BouchardAugust 9, 2021 at 1:51 am - Reply
I am on my own home and South Florida my son lives with me he’s been abusing me since physically mentally and I have enough I want him out of my life out of my home and I need help please
LizSeptember 10, 2021 at 12:07 am - Reply
My adult son had threatened violence against me. He is not on my lease, pays $0, and was supposed to move out but never has. He then moved his gf and her son in 18 months ago. I told him I was calling the police when he threatened to hit me. I want to change my locks but am wondering if that’s legal. 2 days ago I woke up to him coming in my house at 12am to grab clothes but I stayed quiet. He hasn’t been back but keeps sending me messages calling me names and threatening me. Now can I change my locks??
CHERRYlSeptember 18, 2021 at 3:37 am - Reply
How can I remove my Mother in law from my home?? 6 years ago we bought the house but since we are overseas, my Mother in law was living the house that we bought and paying money like rent but no lease. I started living my house half a year ago but during those months so many repetitive problems arose coz my Mother in law is a pathological liar, acts as if she has not done anything wrong then she acts sweet to get away of whatever she has done. I’ve had so many times talking to her and we had a verbal agreement of what she shouldn’t do, she just keep saying sorry and promising that it won’t happen again but just after a month of peace she’s doing it again. the bills are in My Mother in laws name and has been paying the bills although I pay half of it since I started living here, it’s still in her bank account, is that going to be a disadvantage for me?? Am I able to remove my Mother in law from my house??
MarieSeptember 19, 2021 at 8:18 pm - Reply
Hello,
I have houseguest who will not leave my house. I’m living in constant fear. I let my Bestfriend and her husband and 3 children stay with me because they were homeless. They are not on the lease and they do not pay rent . They have told dcf and orange county they are homeless. I’m a widow with 2 small child . I’m out number they only given me 200 for the light bill which I never asked for. My house rules were simple her and her husband can not argue in front of my children and no pets because one I’m not allowed pets and two me and my youngest on Allergic and my youngest has some beer asthma. They broken both rules. I just feel unsafe and it’s infection my health and my child Who suffers from anxiety is getting really bad due to the living situation. Please help me to get them out asap . I’m disabled and on SSI . I’m at my breaking point.
407-724-9352
Merre BelingSeptember 29, 2021 at 5:16 pm - Reply
I have a alcoholic 39 yr old son. My husband and I are done with him. How can we get him out of our house? He is affecting our health. Thanks
Denise WyOctober 13, 2021 at 8:48 pm - Reply
I have a daughter that lives in my home that I rent she pays NOTHING she abuses my house and she has 3 kids she totally neglects- she brought her father here two months who is disabled- dumped in my living room- brought home a convicted felon a month ago who is on parole married him a week later and now they WILL NOT GET OUT. I have been taking care of these kids already so she can leave without them-I will continue to take care of them- HOW do I get her out- she is violent, abusive, steals lies – does drugs and all he does is drink. Please help.
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As an expert in real estate law and property management, I can confidently address the legal concepts mentioned in the provided article and offer guidance on removing a family member or friend from a home in Florida. My expertise is derived from an in-depth understanding of relevant statutes, case law, and practical experience in handling similar situations.
The article discusses the challenges many homeowners face when allowing a family member or friend to live on their property without a lease or rent agreement. It emphasizes the need for a specific legal process, an Unlawful Detainer Action, as opposed to a standard eviction, to remove individuals in Florida. The key points and concepts covered in the article are as follows:
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Unlawful Detainer Action:
- Homeowners in Florida must file an Unlawful Detainer Action, not a standard eviction, to remove a family member or friend living on their property without a lease.
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Florida Statute Chapter 82:
- The legal process for removing individuals without a lease is governed by Florida Statute Chapter 82.
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No Landlord/Tenant Relationship:
- Unlike a typical landlord-tenant relationship, homeowners are not required to give notice to the family member or friend before filing an Unlawful Detainer Action since there is no formal lease agreement.
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Response Time:
- Once the Unlawful Detainer Action is filed, the individuals have 5 days to respond. If they cannot prove a lease or rent payment, the court may enter a Final Judgment.
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Duration of the Process:
- The Unlawful Detainer Process can take 4 to 6 weeks, during which the family member or friend can continue to reside on the property until a Final Order is issued.
It's important to note that the article offers a legal perspective, and individuals facing such situations are encouraged to seek advice from legal professionals. For specific legal assistance in removing a family member or friend from a home in Florida, the article recommends contacting the Law Office of Brian P. Kowal, PA.
The comments following the article also present real-life scenarios and concerns from individuals seeking advice on similar situations, such as dealing with aggressive family members, removing an ex-partner from a shared home, or addressing issues with troublesome roommates. Each case may require a nuanced approach based on individual circ*mstances and applicable laws.
