Winter Garden, FL asked in Landlord - Tenant for Florida

Q: I need help with an eviction problem

Allowed friend to stay at my home last year In exchange for remodeling job for me to pay off a debt owed me. job was completed Nov 2019. no lease or rental agreement. Does not have a key to my house. Stays in bedroom with no lock. Does receive mail here. On felony probation. Now causing problems due his drinking and has refused to leave after several requests. He says I am going to have evict him. What are my rights

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: It doesn't matter that he receives mail there, so the next time he brings that up, tell him that you don't care about his mail. You have every right to kick him out now. You basically have 2 options - hire a lawyer to file the necessary documents to kick him out or offer him money to leave.

I have no idea how much money it would take to get him to leave, but for our purposes here, let's say its $500.00. Tell him that you will pay him $500.00 in cash to leave and never come back. Give him a date and time to get himself and his junk out of your house. ("I want you out by noon tomorrow") and make it specific: when he is packed up and ready to depart, you give him the $500 and tell him that if he comes back, that you will have him arrested for trespassing. If he doesn't accept the offer, hire a lawyer and let the lawyer take care of it. The problem here is that the paperwork filed by the attorney has to be served on him and he gets time to answer it, and then there's the time to get the judge to sign the judgment and the sheriff to serve the writ. All the while, this clown is in your house. He's demonstrated he doesn't care about anything, given his felony conviction and the fact that he is basically using you. Great friend.

There are no perfect solutions. Dont be afraid to get a second legal opinion! Good luck.

Bruce Alexander Minnick and Terrence H Thorgaard agree with this answer

1 user found this answer helpful

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