Can I evict a guest?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I evict a guest?
I let my ex-wife move in 4 years ago; the home is in my name and I pay all utilities. She sometimes buys food and has provided some furnishings (which she can have). I’ve asked her to leave and she won’t. Can I evict her?
Asked on June 24, 2011 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oh my goodness. What you did was create a lease agreement - an oral lease agreement - and in the state of Florida, it is so valid. In Florida, you will need to formally evict your ex which involves going through court and spending money. If the "tenant" doesn't fight, the process can end within 25 days. If she does then you are in for the long haul. And be aware that court costs, as I understand it, are very expensive for filing an eviction proceeding. And then you have to have her served. But it can be done if you are determined to do it. And next time think twice before being so nice. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.