How to evict a family member.

UPDATED: Sep 30, 2022

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How to evict a family member.

My 30 year old son came to my home 15 months ago. He does not contribute financially and I drive him to and fro to work…. In the hopes that he’ll save up and leave. Original, he came to stay for a week, preparing to live in another state. He never left. He has been living with his brother in a small room in the same bed Several occasions he Has threatened to kill his brother. And three days ago he got physically violent with me and punched his brother in the face. WE got him out of the house called the police. Once out of the house, the 30 year old, went to the neighbors and called the police on us. The police didn’t do anything other then advise my 30 year old to stay away for the night. We live in Florida and concerned for our safety and how to get him out. Please advise.

Asked on October 2, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can remove him by bringing an action "for ejectment": ejectment is eviction for nontenants (that is, for those who do not pay rent or have a lease, whether written or oral, like family members whom uo allow to stay with you). Any nontenant in your home is a guest; any guest can be asked to leave at any time; if they don't leave when asked, you can remove them via a ejectment action. Not that ejectment is more procedurally complex than evicting a tenant; you are recommended to retain a landlord-tenant attorney (they should also know ejectment) to help you.

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