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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35319
Experience:  Attorney over 16 years, landlord 26 years
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My husband and i seperated, i moved away and got my own

Customer Question

My husband and i seperated, i moved away and got my own place leased only in my name. We tried to reconcile and he moved in. How do i get him out legally?
Submitted: 6 months ago.
Category: Landlord-Tenant
Customer: replied 6 months ago.
I am in Florida
Expert:  barristerinky replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Expert:  barristerinky replied 6 months ago.

If you allowed him to move in with you, then legally you are his landlord and he is your tenant. So you would have to give him a written 15 day notice to terminate his tenancy and then evict him through the courts if he won't move.

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After the 15 days have run, you can go to court to file a complaint for eviction. The clerk will then issue a summons and the tenant (your spouse) has 5 days to respond. If tenant doesn’t respond, the landlord (i.e. you) can get a default judgment. If tenants respond, a hearing is scheduled for some later date. After the hearing or default judgment, if the landlord wins, s/he can get a writ of possession which would allow them to have the sheriff put the tenant out 24 hours later.

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You can't really just throw him out and lock the door as that is an illegal eviction and he can call the police and they will force you to restore him to possession and tell you that you have to go through the court..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 6 months ago.
Thank you, ***** ***** what i had thought but wanted confirmation.
Expert:  barristerinky replied 6 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister