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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
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.