Tampa, FL asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida

Q: Is there anything my mom can do to kick out her boyfriend who is on the lease? Without paying thousands.

Hi, I had a question pertaining to my family’s living situation. Currently Me, My mom, my 3 siblings, and my moms boyfriend ( or lack of ) are currently renting a house from a private tenant. There have been some major issues at home and definite signs of domestic violence in the house. I was talking to my mom and she wants to have him removed from the house but has no idea how to go about it. His name is also on the lease but she pays the rent by herself. Is there anything she can do? He is abusive and constantly threatens everyone in the house. He has harmed both me and my brother. He has beat me up and bloodied and bruised my face. He as choked my brother and provoked him many times. He has poured gasoline throughout our house and tried to set it on fire. As well as destroy our property.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Your mother needs to IMMEDIATELY go to Court for a restraining order, also called domestic violence injunction. Based on your description, the Court will likely immediately issue a temporary order requiring him to leave the premises while the case is pending. She does NOT need an attorney to do that, but it would be good for her to have one. If she cannot afford a private attorney, she must go to the local Legal Aid office. The Court will sort out the issue of the lease in due time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.