If I let my ex and her friend sleep here for a few nights 3 months ago and they haven’t left since, am I able to just kick them out since there is no lease?

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If I let my ex and her friend sleep here for a few nights 3 months ago and they haven’t left since, am I able to just kick them out since there is no lease?

Or do I have to give them a 30 day eviction notice? I am a tenant of my landlord on a month-to-month basis and he knows it’s just me that lives here.

Asked on August 19, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if you let them stay there, you can't just kick them out the police will almost certainly not help, and if you use force to remove them, you will be guilty of assault and if you throw their belongings on the street and some are lost, damaged, or stolen, you'd be guilty of vandalism or theft etc.. But you don't give them a 30-day notice either, because they are not tenants tenants pay rent, whether or not there is a written lease, so you don't follow the eviction proceedure--evictition is for tenants. Rather, you bring what's called an "ejectment" action ejectment is eviction for non-tenants. 
Ejectment is more complex than eviction you are advised to retain an attorney to help you, which will also have the benefit of providing some "distance" between you and your ex, potentially making matters less emotional.


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