How to evict someone who is not on an apartment lease?

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How to evict someone who is not on an apartment lease?

My boyfriend has been living with me rent free for about 9 months. We are breaking up and he refuses to leave. What do I do to make him move?

Asked on March 4, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your boyfried is not on the main lease with you, is not on a sublease from you to him, and is not paying rent, he is a guest, not a tenant. A guest may remain only so long as you let him, and you may withdraw permission at any time. Once you withdraw his permission to stay, he becomes a trespasser in essence, and you should be able to contact the police to remove him, if necessary.

Note that even if he is not formally paying rent, if he is helping out in any regular way with apartment/home-related costs--for example, paying utilities; buying the groceries--those regular payments might be considered his rent and he therefore would be considered a tenant. If he is considered a tenant, if there is no written lease, he would be a month-to-month tenant on an oral lease. In that case, you could give him 30 days notice that his tenancy is being terminated and that he must leave; if he does not leave, you could file an eviction action against him. Provide any notice in writing, in some way you can prove delivery.


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