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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I live in Bay County FL. Panam city Beach. In sept of this

Customer Question

Hello,
I live in Bay County FL. Panam city Beach. In sept of this year I allowed a friend and her buy friend to move in with me for a written agreement of 4 weeks for a sum of $550.00, about the 3rd week in I informed them that it wasn't going to work and they had better consider different options. After much trouble I got the boy friend to move out at her request. Two weeks ago I asked her to leave and she agreed she would. That time to move out came and went with no resolve. I then gave her a self prepared 3 day writ to evict, she decided she was going to be a pain and refuses to move although she has 95% of her stuff moved (all clothing). Last Saturday I removed the remaining hefty bag of clothing and put it on the front porch. She shoed up and called the police who basically said it was a civil issue and I had to let her back in. So she has been coming in everyday, with her boyfriend rummaging through all my belongings (I am missing a camera and they are eating my food).. I have a witness to that who was here cleaning up. There is no lease. By law to be a landlord I have to receive payment of some sort, a tenant by legal definition has to provide some type of payment. Outside of the initial 550 I have received nothing. MY QUESTIONS ARE:
Do the police have the right to order me to let her in? She is bringing in unwanted guests (Heroin users) and I have lost cash and other items. I also believe she is prostituting herself on the premises. I clearly have NO TRESSPASSING sign attached to the front door. I feel threatened by their presence.
Do I have the right to remove bedroom doors as I fear for my safety?
I cannot wait 30 days to file through the court system. This is not a rental situation.
PLease advise.
Thank you *****
Can I legally request she immediately vacate or just place her items on the porch again?
Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

This Samuel and I will discuss this and provide you information in this regard.

The police will not get involved in a civil matter. And it is a civil matter. And so they should not have forced you to allow her back, they should have told her this is a civil matter.

At this juncture and because your belonging are missing, I suggest, you report those thefts to the police. Have them do a report, explain the situation with this girl and tell them to begin their investigation with them.

In the meantime, I suggest, you contact your LL and tell them what is happening and that you are going to change the locks to keep them out. The LL should not have a problem with that as long as you advise them and provide a key to the new locks and you pay the costs.

Expert:  Sam replied 11 months ago.

As to her clothes, I suggest you contact her, if you can and tell her the property is on the porch, the locks are changed, she is not allowed in and if she does you will file for harassment and trespassing charges against her. Tell her if she has a problem with that to take you to court.

Expert:  Sam replied 11 months ago.

You are correct. You are not a LL. You did not have tenants. You have an "unwanted guest" who you have provided ample time for her to leave.

Expert:  Sam replied 11 months ago.

At this juncture you had her word she would leave. She got torqued because you put her property out. And then she became intentionally malicious against you and your home.

Expert:  Sam replied 11 months ago.

So I suggest with the police reports on the stolen property, her as a key suspect because of her behaviors that should she bring this matter to court, you have a defense. In addition, you never had a lease with her.

Expert:  Sam replied 11 months ago.

She is simply a trespasser and nothing more. Here is the Florida Statute on trespass.

810.08 Trespass in structure or conveyance.—

(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.

Expert:  Sam replied 11 months ago.

So you also could ask your LL to write a letter to her telling her she is not allowed on the premises.

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