Landlord/Tenant & Evictions

West Palm Beach Guest Won’t Leave | Unlawful Detainer

Unlawful Detainer
Unlawful Detainer

Let me guess. The reason why you’re reading this Legal Blog Post is because your West Palm Beach Guest Won’t Leave your home. What begins as an act of kindness-offering a room to a friend or relative in need-can quickly turn into a nightmare when the unwanted guest refuses to leave.

To remove the unwanted roomer, the frustrated homeowner may need to resort to the civil process landlords use to evict tenants who don’t pay their rent- an Unlawful Detainer Action.

What is an Unlawful Detainer Action?

Dislodging an unwanted roomer is more difficult than it would seem. Roomers and unwanted family members have rights, even when they don’t pay rent. You might think that police would remove the squatter from your home. However, unless the person is breaking the law, the officer responding to your call may not want to get involved. To remove the unwanted roomer, you may need a court order.

Florida offers a removal process, known as an Unlawful Detainer Action, which is for unwanted guests and family members who overstay their welcome. This process works similar to  the process for removing tenants who don’t pay their rent, but with an Unlawful Detainer, no formal notice in writing revoking permission is required. We still recommend proper notice. The legal process, which is outlined in Florida Statutes, Chapter 82, is a court proceeding (Florida Unlawful Detainer Complaint) against the squatter and allows him or her time to file a written response. Once a court order is in place, the Sheriff will remove the squatter.

Squatter Removal
Squatter Removal

Unwanted guests may steal from you, damage your property and rob you of your peace of mind. Florida Homeowners try everything to get the squatter to leave, from changing the locks to physical confrontations. Unfortunately, police and the Florida court system may view these actions as violating the rights of your unwanted “squatter” or “occupant.”

To protect your rights and your peace of mind, seek competent legal advice before attempting to dislodge if a West Palm Beach Guest Won’t Leave. Call your experienced Florida Unlawful Detainer Attorneys today at the Law Office of Ryan S. Shipp, PLLC @ 561.699.0399 to see how we can help.


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