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Juliana, Lawyer
Category: Family Law
Satisfied Customers: 1651
Experience:  23 years of legal experience, former child support attorney, currently practicing family law
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My son is about to be 18. He says he refuses to get a job.

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My son is about to be 18. He says he refuses to get a job. i'm being told by my daughter that I can not just tell him to leave. She says I have to go get an eviction notice. Is that true in the state of Florida?

Thanks for your question.

Since your son presumably is not paying rent, he would not be considered a tenant in your home, and so eviction is not the remedy here.

You would need to file an action called an unlawful detainer. A person is unlawfully detaining property if they were invited in by a legal possessor, but he/she refused to leave once the invitation was withdrawn (i.e., asked to leave). To win an unlawful detainer action, you have to prove:

- that you had the legal right to occupy the property
- that you invited the guest in
- that you later asked the guest to leave; and
- the guest refused to leave

Before you proceed to file an unlawful detainer action in county court, you should first serve a notice on your son stating that you no longer wish for him to be on the property, and that he must remove himself immediately. Put two copies on the front door of your residence, and mail the two originals certified mail return receipt requested to the address of your property. Keep four copies for yourself. All owners of the property should sign the notice.

Check with your local county court, which will probably have all the forms you will need to proceed with an unlawful detainer action, if necessary.

Hope this helps. Good luck.
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Customer: replied 4 years ago.

You are incorrect. I found the answer by calling my local police. All I had to do was call them to my home. I had to say to my son that he was no longer welcome and could never return. Sadly he has a trespass warning against him and that remains in force unless I allow him back home. I was told if I do then he is considered a tenant and falls under those laws.

I'd like you to know so you can better serve whomever else may find themselves in this difficult situation.

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