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Discussion in 'Other Family Law Matters' started by fedupwithfreeloaders, Apr 28, 2017.

  1. fedupwithfreeloaders

    fedupwithfreeloaders Law Topic Starter Guest

    Daughter and boyfriend and 4 children came to stay with verbal understanding that they would be looking for a place to live and be out approx 6 months. Now coming up on 4 years. I have been visiting grandson in seatlle area and decided to stay. How do I evict (only way I see them leaving)?? So that I can sell the house. I have been paying the mortgage and all the bills are still in my name. Do I need to be present for this or????
  2. leslie82

    leslie82 Well-Known Member

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    How did you let six months turn into four years?

    I found this in a search:

    There is a cause of action called "Unlawful Detainer" found in Chapter 82 Florida Statutes. It is very close to an eviction, found in Chapter 83. Unlawful Detainer applies in your situation: 1) there is no lease agreement, whether verbal or written; 2) the person came onto the property lawfully, at your invitation; 3) the person will not leave when you request that they do so.

    The process is VERY similar to that of an eviction--it is expedited on the court calendar, service of process can be served by posting; there is a 5-day period from the date of service to respond to the process.

    Many county courthouses have a self-help center which will sell you a packet of forms for this type of law suit..
  3. army judge

    army judge Super Moderator

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    Read this:
    How the Florida Eviction Process Works – 3 Day and 7 Day Notice

    Then Google "eviction YOUR COUNTY NAME GOES HERE, FL" to receive specific instructions for the county where your home is located.

    If you retain a real estate salesperson to sell your home, that salesperson can very often handle the eviction on your behalf.

    If you choose that course of action, make sure you find out how much the real estate sales[erson will charge you for that service.

    How long does it take to evict a tenant in Florida?
    If you issue (or cause to issue) a Florida approved pay or quit notice, usually a 3 day notice, the deadbeat has 3 days to pay or YOU can file the eviction with the local courts.

    The local court takes a week or two to set a court date.

    Eviction for non-payment of rent is very straight forward and does not take very long, once a hearing date has been set.

    Sometimes the deadbeats leave on their own, after receiving the "pay or vacate" notice.

    You can appoint a TRUSTED relative or friend as your agent who resides in Florida to do this for you.
  4. adjusterjack

    adjusterjack Super Moderator

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    You'd better be there and take control of the situation.

    When you get back give them written notice that their tenancy is terminated as of a certain date and if they don't leave you evict them through the courts.

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