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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2982
Experience:  Litigation Attorney
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I have my girlfriend's mother and stepfather in my house

Customer Question

I have my girlfriend's mother and stepfather in my house since Tuesday they moved here from chicago and my girlfriend told me they needed a place to stay for two or three days well it turns out they haven't left i asked them to leave and they wont leave they're drinking and smoking pot in my house im a sick man just had triple bypass surgery 2months ago the lease is in my name however the lights and water are in my girlfriend's name i live in deltona fl. Please help me are they trespassing how can i get them out of my house they have not contributed monetary wise in any way since they have bin here
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

Have they been in the house longer than 30 days?

Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

I'll go ahead and assume they have not been in the house more than 30 days and are house guests (if they are considered a tenant then you would have to evict them to force them to leave). Technically, in most situations a houseguest who remains after being asked to leave is trespassing. How can you get rid of such a person? First, make sure that the trespasser knows that he or she is no longer welcome. It can be difficult to tell friends and relatives that you want them to leave, but until if you have previously given the person permission to stay at your house, and not made it explicit that you want the person to leave, he or she may not be violating any laws. If you have made crystal clear that a guest is not welcome, but the guest continues to stay, call the police and report the person for trespassing. However, you may find that the police are not as helpful as you would hope. In such situations, you may need to encourage your houseguest to leave by changing the wi-fi password, stripping the guest bed, and taking back your key. If you accept money in exchange for allowing a person to stay with you, that person may be considered your tenant (entitled to eviction protection) under state law. Allowing a person to receive mail at your address may also be evidence that he or she is a tenant. Under the law in most states, guests, are not tenants and are not entitled to the formal eviction process. However, a police officer has no way of knowing whether your guest is a trespasser or a tenant and may refuse to remove the person, on the chance that you are trying to avoid the eviction process.

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