Do you need assistance with the Removal of an Unwanted Florida Guest? Unfortunately, guests sometimes overstay their welcome. When that happens there are legal remedies to remove unwanted occupants from your home. In Florida, when an occupant who is not a tenant is no longer welcome to stay at your home a process similar to eviction is followed.
When someone who was invited to stay at your home, e.g. a girlfriend or boyfriend, sibling, or parent, is no longer welcome to stay and they refuse to leave, you may file an Unlawful Detainer complaint which follows the guidelines of Florida Statutes, Chapter 82 with the court to have them removed. Whereas, when attempting to evict a tenant from property you are required to first give the tenant formal written notice of your intent to remove them.
Similar to a tenant’s rights in an eviction, in an Unlawful Detainer action, the owner may not change the locks, turn off the power or water, or effectively “evict” the person yourself without assistance from the Court. Because the unwanted guest previously had permission to live in your home, they have the right to continue to live there until the court enters a judgment for possession against them in favor of the homeowner.
The procedure once the complaint is filed also runs similar to that of an eviction and moves quickly under an expedited court process called summary procedure. The unwanted guest staying at your home has the opportunity to file a response with the court. If the unwanted guest fails to file a response, the court will proceed with entering a judgment for possession against them, culminating in a writ of possession being served by the Sheriff’s Office, removing the unwanted guest from your home.
As in any legal matter, having an experienced team of attorneys representing you and acting on your behalf to efficiently progress your case through the court system is invaluable. Our experienced team of Unlawful Detainer Attorneys and support staff at The Law Office of Ryan S. Shipp, PLLC are ready and willing to assist you. Call us today @ 561.699.0399.Google+