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I allowed the daughter of my late best friend to come into…

Customer Question
I allowed the daughter...

I allowed the daughter of my late best friend to come into my residence, this was August 24th, rent free, without a lease. The agreement was that it was temporary because she was planning to move to California by mid September and wanted to save a little money. It's now September 16th and she has not made any plans nor purchased plane tickets to move to California with her boyfriend, who now lives there. Since I have not charged rent of any kind what are my options here in the state of Florida as far as removal.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

My residence is in Broward County Florida

Lawyer's Assistant: Has any paperwork been filed?

Not as of yet. I'm here for guidance.

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

I don't know if she has changed her address to mine. She has not received any mail here as of yet.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/16/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,433
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

That was very kind of you to let her stay with you.

Give me a moment to provide the law and the process.

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Based on your situation you would not need to go through the eviction process. Florida calls this a transient occupant. This is the law and the process: I will also provide the affidavit for you.

"Effective July 1, 2015, Florida has a new legal remedy to remove a transient occupant from residential property.

“Transient occupant” is defined as an occupation of a residential property for a brief length of time, not pursuant to a lease. This statute does not apply to a landlord-tenant relationship.

The new statute, Section 82.045 , provides a remedy to any person entitled to possession of a residential dwelling unit. So this applies, not only to owner’s, but also lessees. Said party entitled to possession may present a sworn affidavit to a law enforcement officer, requesting said officer to remove a transient occupant.

Once the transient occupant has been asked to leave, they are unlawfully detaining the property.

The affidavit must set forth the factors establishing that the occupation is transient.

The factors include:

  • No ownership, financial, or leasehold interest in the subject premises.
  • No utility bills in the transients name
  • No government ID with the subject property address
  • No mail with the subject property address
  • Pays nothing, or little, in exchange for the occupancy
  • Does not have their own room
  • Has minimal personal possessions at the subject premises
  • Has a residence elsewhere

Any law enforcement officer, upon receipt of said sworn affidavit may direct a transient occupant to vacate. A transient refusing to vacate on the direction of a law enforcement officer is deemed to have committed misdemeanor trespass under §810.08, F.S. It is not a defense to the trespass charge that the occupant is not a transient. A person wrongly removed, has no cause of action against the law enforcement officer, absent a showing of bad faith, but may recover against the affiant.

The statute also provides that if the party in possession files an unlawful detainer action in court, and the court finds the occupant to be a tenant instead, the case shall not be dismissed, but may be amended to proceed as an eviction upon the provision of the appropriate notices under chapter 83." https://browardlandlord.wordpress.com/tag/transient/

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Affidavit https://browardlandlord.files.wordpress.com/2011/10/transient-affidavit.pdf

I will also provide links for local Attorneys that provide FREE consultations if you need further assistance.

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Do you have any additional questions for me?

There should be a rating scale on your end, 5 stars. Thank you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 8 months ago

Are you still online with me?

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Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

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