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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 99540
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A friend of mine wants her x-fianc to leave her home. She

Customer Question

A friend of mine wants her x-fiancé to leave her home. She lives in WPB Florida. Only her name is XXXXX XXXXX home but he has been paying half the mortgaga and utility bills for about 3 years. He just got off a 1.5 year drinking run and out of alcohol rehab, a 28 day stay. But, continues his verbal and physical abuse to her. He is also on parole for another week. Problem is, he threatens her well being if she follows through on kicking him out and she is scared for her well being and possibly life. What steps should she take in having him removed from her home and what rights, if any, does he have if he refuses to leave? I've heard rumor about squatters rights in Florida but don't know if it'd apply. Also, sometimes she fights back, physically, and 911 has repeatedly frequented their home. Last time officers were called they said next time they'd haul them both in. Lastly, he's been an alcoholic for most his 50 some years with only a handful of years here and there alcohol free. I would assume she should not take her life safety for granted but what's the best way to have him out and stay safe. He's been imprisoned before and doesn't want to ever return but then, thinking, he could get so angry, start drinking again, and go nuts on her.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
If he is not on the home, but has been paying bills he would merely be considered a tenant without a lease and would have to be evicted in the same manner as any tenant, with 30 day written notice and then filing suit for eviction against him. Just because he has been living there and has been paying bills does not give him any ownership rights in her property. If she has a fear of bodily harm from him then she can file a restraining order against him at the local clerk of court and have him removed from the home and then serve him the eviction notice and sue for eviction if he refuses to honor the eviction notice.

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Customer: replied 5 years ago.
Clarification: So he does have an option to refuse to leave and she would be "stuck" with him for a period of time in the home or would the restraining order being done/ executed first, in anticipation of his refusing to leave, have him removed "immediately"? Relatedly, to sue for eviction: what does this mean? He would be able to stay in home til court decides?
Expert:  Law Educator, Esq. replied 5 years ago.
Correct, he does have the option of ignoring the eviction notice, and then she would have to go to the local court and filing a lawsuit for eviction. Of course, if she can demonstrate a reasonable fear of harm from him, then she can go and get a restraining order from the court which the police would then enforce to remove him immediately and she would serve him the eviction notice at the same time.

Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 99540
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
I meant to pay total of $30.00. This price was selected when credit card info submitted. Did this amount post? If not, pls post this amt to attorney that answered my question.
Expert:  Law Educator, Esq. replied 5 years ago.
It shows you only paid one $30 charge, thank you.

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