I am not sure I agree with the Court that you cannot evict because you do not have a tenant relationship. You do have a tenant relationship, and in most cases like this you do have to evict the person from your home. The relationship is a month to month, and you are evicting for non-payment.
On the flip side of that if you have no tenant relationship, than he is in your home illegally and you can lock him out, or call the police to have him removed for trespassing, etc.
You either lock him out as you would me, if I just decided to stay in your house and not pay rent, or you must evict him.
Yes, I am a Florida attorney. I have NEVER heard that you cannot evict a family member in Florida. I personally had a case where parent's evicted their 18 year old daughter in Brevard County and the daughter was evicted.
Further, your partner, was a live-in boyfriend or girlfriend. You were never married, and are not related. There is no legal relationship. They have no legal right or claim to the property. They cannot live there rent free. A month-to-month tenancy is created when there is no written lease or duration of the lease documented. If you were to pass away suddenly, the home would go to your heirs, which would not be this partner and they would be ejected.
(Ejection is the term used after you evict someone, the tenant is therefore ejected).
I would proceed with the eviction process irregardless of the "advice" you were given by the courthouse. People evict live in boyfriends and girlfriends every day in Florida.
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