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What is the best way to evict a squatter that do not have a

written lease? they have used...
What is the best way to evict a squatter that do not have a written lease? they have used the residence for receiving letters and claiming to stay until properly evicted. Aside from lawyers who do I go to process my eviction and file proper documents>
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Answered in 3 minutes by:
10/1/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,637
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you tell me what state this is in?

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How long has the person lived there?

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Do they pay any rent, and if so, are they behind?

.

Have you given them any written notice to vacate?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
Clay county, Florida. No written lease, no rent. This was supposed to be temporary stay for helping a friends son. Now they know how the system works they are using to dragged it.I told them over the text message, but they keep extending their stay and now I realized they will not leave. I don't know if unlawful detainer action will be the right to file. What notice should I give that is legal for them to vacate. I was told to give a summon (5days to reply for defendant) but I dont know where to start.
Customer reply replied 1 month ago
they stayed there for two months now. I am out of state and coming back to this house in 3 weeks with my 3 kids and disabled husband.

Ok, then legally they are month to month tenants and you can give them a 15 day written notice to vacate. Make sure you keep a copy of it. If they don't leave within that time, you can file a formal eviction action in court to get a judgment and a writ that the sheriff will execute to force them to leave.

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You would go down to the local courthouse to file the summons and complaint forms that the clerks will give you if they don't move out within the 15 days.. They will then help get the sheriff to serve the tenant and then you just show up and tell your story on the court date and get your judgment..

.

thanks

Barrister

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Customer reply replied 1 month ago
Will this fall on unlawful detainer action? or ejectment? I cannot personally be there at the moment, can I pay someone to file it for me or serve the notice?

It is an unlawful detainer.... that is the legal term for an eviction..

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And yes, you can have someone hand it to the tenant as long as you have signed it. You could pay the local sheriff or a process server to give it to them as well.

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You can use this form..: FL 15 Day

.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,637
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 96
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Customer reply replied 1 month ago
Called the circuit court for filing unlawful detainer they said they do not have this type of form and have to find online forms, do you have this form that is acceptable in Clay County, Florida and I would like to download this form. What I found online are in the Superior Court of California.

https://www.floridabar.org/wp-content/uploads/2017/04/form-7.pdf

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https://www.floridabar.org/wp-content/uploads/2017/04/form-5.pdf

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These should do the trick..

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,637
38,637 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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