Do I have to evict a live in girlfriend?

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Do I have to evict a live in girlfriend?

My girlfriend moved in and spent money on remodeling without me really wanting to. She said in order for her to live there She wanted to do that. But now it is a problem, because She has become emotionally abusive. She says She needs the money back She spent, again without me really wanting her to do that and She knows I never had the money to pay her for what She spent.
Do I have to evict her under Florida Law or just have her removed?

Asked on March 25, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have to have her removed by the courts: you are never allowed to simply lock someone out of a home in which they had been living with permission (i.e. in which they were not a trespasser). If she is not reting or subletting from you, you would need to bring a different kind of legal action--not an eviction per se (which is for tenants), but rather a kind of legal action traditionally called an action "for ejectment." (Think of it as eviction for guests and other non-rent paying tenants.) You have to first provide written notice to her that she has to leave, then can file the action if she doesn't leave when required. 
A landlord-tenant attorney can help you with this--even though this is, as stated, not a tenant eviction, landlord-tenant attorneys generally know how to bring this type of action, too. The attorney can also advise about the remodeling issue--if she did it with your permission (even if it was reluctant), rather than against your will or without your knowledge, you may owe her something for it, since you have received the benefit of it, but let the lawyer discuss the facts in detail with you and advise you.


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