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

Q: unlawful detainer

While I was on holiday my step daughter let 2 people live in my house without permission. She has now moved out. They are damaging the house , living in any bedroom they want including mine (they post it all on face book)smoking dope and coke and have verbally threatened me with violence over the phone if I return to the house. The house is my only home, I am a widow . They do not pay rent or have mail coming to the house nor do they have keys to the house. Can I throw out their clothes and lock them out when I return. Can the police do anything to remove them?

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

A: sorry, for your situation, but no you cannot just throw out their clothes and lock them out. You must go through the courts to fix the issue.

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: There is unfortunately no "self-help".

You are correct that this is an unlawful detainer case - meaning the people are in possession without agreement of the owner. You may also have a right for trespass if it can be shown that your daughter had no authority to let them live there and they did not have reason to believe that this was the case. Essentially they are one step above a squatter.

Calling the police or Sheriff on them for trespass once with an allegation of illegal activity could encourage them to move without you intervening further.

End result is likely you need to remove these people with an attorney's help.

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