Visitor, Guest Family Member Refuses to Move Out of Home

[jessandjax]

Jurisdiction

Florida

My mother recently moved to Florida to spend the winter in her 2nd home. My brother was released from jail on the day she arrived and she has agreed to allow him to stay with her as long as he stays drug and alcohol free. He just disappeared for two days and came home claiming that he was with a woman. He doesn't have a key to the house so he broke in the bedroom window. During a discussion with my mom, he told her that he isn't worried about her calling the cops because he has established residence now. How hard will it be to remove him from the home when my mom is finally fed up with his alcohol/drug use? My brother is a horrible person when he's under the influence. I don't believe he would physically attack my mother but he can be verbally abusive and aggressive. What king of time frame will it take to remove a 40 year old, IV Drug User, homeless person? I am worried about my mom....

 

[ElleMD]

Well, if he commits any sort of criminal act, the police will likely be very happy to remove him.

If Mom just wants him out of there, she will have to follow the usual eviction process. How do I evict family members when there's no lease, etc.? - Avvo.com

 

[Betty3]

Generally the person would have to be removed/evicted legally through the court system. However; if he is involved in illegal/criminal activity or physically attacks her, she needs to call the police - they will handle.