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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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My has an 18 YEAR DAUGHTER WHO HAS BECOME BELLIGERENT AND VERBALLY

Customer Question

My has an 18 YEAR DAUGHTER WHO HAS BECOME BELLIGERENT AND VERBALLY ABUSIVE, MY WIFE HAS TOLD HER THAT SHE NEEDS TO LEAVE THE HOUSE. SHE REFUSES TO LEAVE AND STATES THAT IN ORDER TO GET RID OF HER THAT WE WILL HAVE TO EVICT HER, DO WE HAVE TO REALLY GO THROUGH THE COURTS FOR THIS OR IS SHE JUST TRYING TO BLUFF US. WE LIVE IN ST LUCIE COUNTY FLA.
THANK YOU FOR YOUR TIME
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Yes, you actually do need to get a formal eviction order through the courts if she won't leave voluntarily. Someone who is a resident of the property obtains resident status, and a resident needs to be evicted. Technically (and this is splitting legal hairs) it's not an eviction because it's not a landlord/tenant relationship. There are a couple of processes you still can obtain a writ of possession, which is what is issued in eviction cases. One is an Ejectment. There is another type of law suit, for "Unlawful Detainer". Check out Section 82.04 Florida Statutes.I prefer Unlawful Detainer, as it is governed by a different set of rules of procedure. Instead of a 20 day summons for Ejectment, Unlawful Detainer entitles you to have a 5-day summons issued, so that the time for a response is much shorter. Unlawful Detainer cases are governed by Summary Rules, which require that the case be accelerated on a judge's calendar. You would want to find out more about this with the clerk of the court in your area. It is true that you're going to need to go to court to get a writ of possession (informally known as "eviction")> I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!