What to do if I have an ex-girlfriend living with me who I want to evict?

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What to do if I have an ex-girlfriend living with me who I want to evict?

Our situation is not working out. I’ve asked her to leave however she refuses to go. She has also failed to pay rent for this month. What is the process I have to take to evict her? She is not on the lease and our only agreement was a verbal agreement of 3 months which has now passed as of today. I want her out of my home as soon as possible as she is nothing but negativity. From what I’ve been reading, all I need to do is serve her a 3 day notice since she has failed to pay rent. I need to know how soon after failure to pay rent will I be able to provide her with a written notice.

Asked on December 1, 2012 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Actually, since she was suppossesed to pay rent (even though she did not do so) she may well be deemd to be a "tenant" by the court as oppossed to a mere guest or "licensee" (for which a 3-day notice would be appropriate).

Since the time to pay rent has passed, you can now serve her witha notice to vacate; under the circumstances 30 days should be given. If she fails to vacate at the end of the time specified for in the notice then you will need to go to court and file for an "unalwful detainer" (i.e. eviction lawsuit). At such time as a judge issues you a "writ of possession", you may have her removed physically by a sheriff if necessary.

In the meantime take no illegal self-help measures to remove her yourself (changing the locks, taking away her key, etc).


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