Estero, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: How to quickly remove a house guest who has overstayed his welcome and has been caught on camera steeling from me.

I helped a friend out by letting crash in my house while he got back on his feet. a few days has turned into 4 months and I recently caught him on my home survalance system, steeling from me. he doesn't pa rent or contribute to bills but does receive mail at the address. I want it to be a surprise and avoid him having any access to my home after realizing he's been put out.

Thanks for your advice

3 Lawyer Answers
Steve Louis-Charles
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Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Unfortunately in situations like these one generally cannot just ask to leave or change door locks on a visitor that is no longer welcome. A lawsuit must be filed in circuit court for either an ejectment or unlawful detainer. The unwelcomed party must be formally served with process and will be given 20 days to respond to the complaint. Once it is established in court that the unwelcomed party has no legal right or title to remain on the property by way of a final judgment, a writ of possession should be sought to have the sheriff's office of the county where you live remove the individual and their possession from your home. Hate to break it to you but their is simply no method of achieving this by surprise or in a reasonably expeditious manner. Moral of the story, be careful of whom you invite into your home. Hope this helps.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: I agree you will need to remove the guest in court likely via unlawful detainer. And I would be VERY careful mentioning the video recording as if guest did not know you were recording inside the house where occupants have an expectation of privacy, you may have in fact committed a crime; regardless if it is "your house," you knew someone else was there and needed his permission to record him inside of your house. Luckily the type of eviction/unlawful detainer you need does not require you to offer any explanation why you are kicking the person out, so I would leave the whole recording issue out of anything and never mention that again.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: I agree with my colleagues and add that you should hire an attorney to handle the matter. If you make a wrong step your unwanted guest will likely get to stay longer.

Good luck,

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