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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 26780
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good afternoon, My husband has an old school friend that

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Good afternoon,

My husband has an old school friend that has been coming and staying with us occasionally over the past several months here in Florida while he finds a place to permanently relocate to. He did find a place to rent but it is only for the summer. In the meantime, I see he is using our address as his address to get acquire auto insurance, as he just received mail here from them.
A friend told me this can be trouble for us. I hate to admit it, but the guy is a mooch and seems a little shady. He has taken over our guest room and closet. Even my husband admits he is using us.
We want him out and not to come back once his summer lease is up.

Is it true he could give us problems because he is using our address as his?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. If he is using the address for his benefit and to obtain certain things ( such as the auto insurance), he could be guilty of fraud, seeing how he does not use your home as his primary residence. Of course, you do not want to be associated with anything that he does and to know about it and allow it to go on, could technically subject and implicate you, if he were to be charged with anything by the State. If he rents a place for the summer, let him use that address. If he does not want to, let him obtain a PO Box. If he no longer resides with you, then you do not have to allow him to return. If he has items in the home, ask him to remove them and if mail comes to you home for him, tell him you will return it to the sender, so he needs to change the address. If he fails to comply, you can likely eject him / evict him from the home, assuming he has no legal basis to stay there.

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Customer: replied 4 years ago.

When you say eject and evict, you mean through a court of law? Or do you mean to simply send him packing?

Could using our address give him a legal basis to here in the eyes of the court?

Yes, when using those terms I mean through the court. If he has no legal right to reside with you any longer, you would need to proceed through the court and have him evicted. You can not use self help to get him out, or else he can turn around and sue you, which I do not want to see happen. As far as him using your address, the Judge would want to know if he is truly a tenant or just a guest. As a tenant, he would have to be in breach of the lease agreement, to be evicted. If he is a guest who just refuses to leave, he has less standing. In either case, he would have to explain to the court why he thinks he has a legal right to remain, when you asked him to vacate.
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