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

Q: I let someone stay with me a month for free, now they are trying to have mail sent to establish residency. What can I do

What can I do to stop them from ever entering the property again.

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

A: 1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;

2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to vacate if you submit an affidavit according to the statute;

3. If the above remedy is not available to you (for example, if the person convinces the police that she resides there by showing ID or voter's registration with your address), then file an Unlawful Detainer lawsuit at your local County Court branch. The Clerk of Court can give you some guidance, though no legal advice, on filing pro se (meaning without an attorney). If the procedures do not seem easy to you, consult an attorney or hire an attorney to represent you in the lawsuit.

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