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VanDLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 833
Experience:  Divorce, Child Custody, Child Support, Adoption
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The situation (in the state of FL) 97 X & I in relationship.

Resolved Question:

The situation (in the state of FL):
97: X & I in relationship. X had a job.
99: I bought a house in my name only. X & I moved into the house together. No formal agreement for expenses. X lost job within months & paid nothing. X employed again by 2000.
2001: Began providing X with health insurance as a domestic partner through my employment.
Since 2005: X unemployed except for summer employment out of state. X paid for most household food & items. X did most domestic chores. X is a primary caretaker for my 94YO grandma. Most of X's money during this time has come from my grandma.
February 2008: I broke up with X & asked X to move out by June.
June 2008: we agreed to an open relationship.
July 2008: X left for 2 months & I got involved with someone else & told X on the phone that we were done.
End of August 2008: X returned to the house. I asked X to move out. X refuses to move out.
Need to know how to get X out of the house. Court says can't file to evict since no tenant relationship.
Submitted: 8 years ago.
Category: Family Law
Expert:  VanDLaw replied 8 years ago.



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.

Customer: replied 8 years ago.
I've been told by the court that in Florida, you can NOT evict someone who lives in your home as a "family" member and doesn't pay rent nor have an agreement to do so. I was told by the police that I can NOT kick the person out because the person is a resident of the house. Someone mentioned some other legal maneuver and I think they called it "ejection." Eviction is not an option. Are you in Florida and familiar with Florida law? Apparently it is tricky.
Expert:  VanDLaw replied 8 years ago.

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.



Expert:  VanDLaw replied 8 years ago.

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.



Customer: replied 8 years ago.
Actually, I did a "lady bird" deed so that in the event of my death, the house would go to this person. I haven't made a new one yet. When I called the South Palm Beach County court to find out how to file an eviction notice, I was told I can't. Very frustrating.
Expert:  VanDLaw replied 8 years ago.
I can imagine! Just file it as if this person is not a "family" member. There is no legal relationship to say otherwise. Maybe just the filing of the eviction will prompt the person to move out prior to any court dates, etc. It would cost you a filing fee though.
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