Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Florida

Q: Tenant in house has no tenancy agreement nor my approval to be there what can I do?

Whilst I am on holiday abroad for several months my daughter allowed approx 3 people to come live in my home without my permission and apparently they have been there several months. I am returning home and I have been told they refuse to leave. My daughter has left the house and moved to an apartment . The police refuse to remove them as she let them stay and they tell me she had standing while I was away. I am the owner of the house they do not have an agreement with me or permission to be there. They are paying no rent. Have no mail coming to the house. They have damaged the house (broken doors ect) and are doing drug as one police officer that entered the home told me it smelt of cannabis...How can I get them out quickly and what if they do have mail or have paid a bill ..As you can imagine I have gone away on holiday I am a widow now returning to my home occupied by people I do not even know .I have sent this just prior to my flights .I had no knowledge of them until 4 days ago

2 Lawyer Answers
Steve Louis-Charles
Steve Louis-Charles
Answered
  • Landlord Tenant Lawyer
  • Miami, FL
  • Licensed in Florida

A: Unfortunately in situations like these one generally cannot just ask an unwelcomed visitor 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 issued by the clerk of court as directed by the judge to have all individuals physically removed. Hope this helps.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: I agree with attorney Louis-Charles’ advice.

I suggest that you hire an attorney from your area to handle this matter.

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