How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27217
Experience:  Attorney
Type Your Landlord-Tenant Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I let 2 homeless people stay in a room in my apartment. The

Customer Question

I let 2 homeless people stay in a room in my apartment. The agreement was 200 per month for just a room. They are not on my lease, have stolen from me and brought drugs into my house, and now refusing to leave. I live in Florida. How do I get rid of these thieves?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Not yet. They eat all the food, use all my stuff without permission and smoke weed daily. I am also missing a bottle of prescription pills. Can I legally have the police search their room without their knowledge?
JA: Anything else you want the lawyer to know before I connect you?
Customer: The agreement was month to month. Do I have to go to court to get them out. They have no proof they paid a dime
Submitted: 11 days ago.
Category: Landlord-Tenant
Customer: replied 11 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Lucy, Esq. replied 11 days ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Police cannot legally remove someone from a rental property without an eviction order, but you can report them for stealing your prescription pills and for smoking marijuana in the house. A landlord cannot give consent for police to search a tenant's room, but you could authorize them to search common areas. You could also tell police what you have seen and heard, and they can use that information to get a search warrant for the room.

Note, though, that criminal charges only resolves part of your problem. Criminal charges take time, and they're considered innocent until they're proven guilty. Plus, not all criminal charges result in jail, so even if they're convicted, it wouldn't terminate your lease with them. To remove them from your home, you need an eviction order. And that means you'd have to first give them a notice to vacate - in Florida, notice to vacate only needs to be served 15 days before the end of the month. Fl. Stat., Section 83.57. That means you can give them a written notice TODAY to be out by the end of the month. Notice may be provided by handing it to them in front of a third party witness (any friend or neighbor would work, just an adult) or by posting a copy on the door and mailing it. Then, if they don't leave, you can go to court on November 1 and get an order for police to remove them.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 8 days ago.

Did you have any other questions about this?

Related Landlord-Tenant Questions