Fort Myers, FL asked in Landlord - Tenant for Florida

Q: Can I kick out a family member if she is not considered a tenant/never paid rent? What if she won't leave?

I gave my cousin a place to stay for a while but now I want her out due to a dispute we had. She is not a tenant, has never paid rent, and has never contributed to any bill. I gave her a 14 day period to get all of her stuff out of the room. It has now been 15 days and she has no intention of taking her belongings. She recently called me and she said that I had to give her a 30 day eviction notice because it was "the law", but that's for tenants only. What happens if she doesn't move her belongings? Can I put it all out to the curb?

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1 Lawyer Answer
Sabina Tomshinsky
Sabina Tomshinsky
  • Landlord Tenant Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: If your cousin never paid any rent and in fact has never paid you any monies for her shelter, then she is considered to be your guest and, as such, may be removed pursuant to Chapter 82 unlawful detainer action. An unlawful detainer action is a proceeding to remove guests after they have refused to leave when asked. It is an expedited proceeding and is similar to an eviction process but applies to non-tenants. There are certain prerequisites that must be taken prior to filing your complaint for unlawful detainer. It would be best to consult with an attorney on moving forward with an unlawful detainer action. All the best.

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