Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I’m trying to determine the appropriate way to remove my…

Customer Question
I’m trying to determine...

I’m trying to determine the appropriate way to remove my parents from my home (ejectment or unlawful detainer). There is no lease. They have been here for over 4 years with me asking them to find their own place, get a job. They haven’t. I have asked them several times to leave. This past weekend my dad left and my mom let him back in. I need to get them out as fast as legally possible. Can you please help?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I printed papers today for the unlawful detainer. But then I didn’t know if that was applicable because my dad said he wouldn’t leave and his address on his license is here at my house. I’ve called several attorneys and have gotten different answers or just left messages.

Lawyer's Assistant: Where is the home located?

Riverview Florida.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They have been evicted from every house I remember them living in. So I know they will argue somehow to stay longer. I guess that’s it.

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/19/2018
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,753
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 4 months ago

Unfortunately, once you allow a person, or persons, to make residence in your home, they assume the rights of a month to month tenant. This is true even if they are relatives, pay no rent and you consider them a "houseguest" The law considers them a tenant.

Therefore, under Florida law, you will need to give 15 day's notice to terminate their "tenancy". Give it in writing, including a specific date when they must vacate, if not sooner (voluntarily). The notice need not be anything formal. A letter that you hand them is fine.

If they fail to vacate by the stated date then you will need to file a forcible detainer action in the local court to get an order of ejectment. The order is then placed with the sheriff for execution and they come out to the property to remove the tenant/guest and their personal property.

I wish I could tell you there is an easier way, but unless you follow this process, you expose yourself to civil liability.

If you need to go to court you can do so pro se, but you may find it more efficient to use an attorney. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question. There is no additional charge to you for rating me favorably.

Ask Your Own Legal Question
Customer reply replied 4 months ago
If that is the case then why is there such thing as an unlawful detainer complaint or ejectment?
Lawyer: Loren, Attorney replied 4 months ago

Because the courts do not want people taking the law into their own hands and ejecting people from their homes by force without legal process.

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 4 months ago

Are you still online with me?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,753
38,753 Satisfied Customers
Experience: 30 years experience representing clients.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I've been in a narcissistic abusive (physical, emotional,
Hello,My name is ***** *****. I've been in a narcissistic abusive (physical, emotional, and verbal) relationship for 8 months. About three weeks ago, In a weak moment of panic and fear, I threw a U-lo… read more
Ben S.
Ben S.
Owner
Juris Doctor
81 satisfied customers
Just want to know what kinda answer to file, got served a
Just want to know what kinda answer to file, got served a citation for personal service on a default home mortgage, I got laid off, I called the company and told them but they didn't care, just that I… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I was wondering if I can be evicted for loosing my cool with
I was wondering if I can be evicted for loosing my cool with the leasing agent? Here's the situation. Where I live has an ongoing problem with parents and kids who aren't residents dropping off and pi… read more
Loren
Loren
Attorney
38,753 satisfied customers
If my ex fiancé was charged with domestic battery for
If my ex fiancé was charged with domestic battery for breaking my hand and it's caused me to be out of work for almost two months and I've lost out on making a lot of money and am broke now and behind… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,590 satisfied customers
I'm a twenty two year old female. Recently, I've been having
Hello,I'm a twenty two year old female. Recently, I've been having some trouble with my financial guidance. I have grown up with very strict/controlling parents. My parents currently have offered to h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I was acted by the police after my mother attacked me and
Hello, I was baker acted by the police after my mother attacked me and he's later she decided to call the police. My mother is violent but a good mother overall, and the main reason of her aggression … read more
Andrew
Andrew
Attorney
Juris Doctorate
360 satisfied customers
I need to evict a person who has lived rent free without any
I need to evict a person who has lived rent free without any type of rental agreement or lease but who has been my in home health aid caregiver. I had to fire him because he wasn't following the rules… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I have an odd situation with my Employer. Last year they
I have an odd situation with my Employer. Last year they asked me to take a temporary pay reduction to help them get through some financial difficulties. I agreed to this on the condition that when th… read more
John
John
Attorney
Doctoral Degree
5,985 satisfied customers
I'm the plaintiff in an Unlawful Detainer case in Contra Costa
I'm the plaintiff in an Unlawful Detainer case in Contra Costa County California and I'm now at the point where I'm going to file the 3 remaining forms (Request for Entry of Default CIV-100, Judgement… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
Good morning, In April of 2010, I agreed to beta test some
Good morning, In April of 2010, I agreed to beta test some software that is specific to my profession. Part of that agreement was that the beta testers would pay $333 to be part of the beta test, then… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Early part of the year 2011 I was notified to appear for an
Early part of the year 2011 I was notified to appear for an administration hearing at the Upper Marlboro Court house, I was several minutes late. Before entering, simultaneously the staff was exiting … read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
Is there a law that permits Google from hosting a blog site
Is there a law that permits Google from hosting a blog site that contains slanderous and defamatory comments about an individual? What if the information keeps an unemployed individual from gaining em… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
California ...ending 20 relationship. Boyfriend has lived in
California ...ending 20 relationship. Boyfriend has lived in my home (purchased 30 years ago), home held in my trust I pay mortgage, ins, taxes......he pays only utilities (in my name), food (no joint… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
Trying to keep short as possible. I am a sub contractor
Trying to keep short as possible. I am a sub contractor (construction) working in partnership with a construction Co. Kind of like owning a franchise. I work under their name. A new owner took over th… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
October 22, 2009 Sirs, I was a Chiropractor, although
October 22, 2009 Sirs, I was a Chiropractor, although I wasn't working as a Chiropractor at the time of my accident on 8/9/99. Instead, I was a graduate student trying to get a degree in Medical Socio… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
About three weeks ago my ex-boyfriend called the police on
About three weeks ago my ex-boyfriend called the police on me during a fight. He did this because at one point during the argument he said that he was leaving and I stood in the doorway to block it so… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
3 weeks ago, a guy came to my house and said he was an investigator
3 weeks ago, a guy came to my house and said he was an investigator from some “estate investigations” in Pasadena. He knew I had a brother David. He said that inheritance checks had been sent to me, b… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My dad got married to my step mom in 1992. She is in her ...
My dad got married to my step mom in 1992. She is in her final days of life. She is heavly medicated right now to ease the pain. 2 of my step sisters have somehow gotten mom to sifgn power of medical … read more
4ren6
4ren6
Retired
2,906 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x