We’ve all had the experience of the friend or family member who we agree to let stay in our home for a temporary period of time, and they overstay their welcome. You may think that because you don’t have a landlord-tenant relationship with a lease or rental agreement that you have to remedy under the law to make this person leave, but in Florida, you may have the necessary to help you remove a no longer wanted guest.
Let’s look at an example. Sally owns an apartment. Her friend Bob’s lease ends in his apartment, and Sally agrees to let him stay with her until he finds a new place to live. Sally doesn’t think a rental agreement is necessary because she’s just helping out a friend. Bob lives rent-free for six months in Sally’s apartment. Sally thinks that Bob stopped looking for places to live and has gotten a little too comfortable. Sally wants Bob to leave. What are Sally’s options?
In this situation, Bob is what we call “unlawful detainer.” He has no lease or rental agreement and no rights to the property. If Bob did have or claimed to have, some sort of right to the property, the situation shifts from an unlawful detainer process to an ejectment process.
Luckily for Sally, there are Court processes to help her remove Bob out for both unlawful detainer and ejectment situations. However, the procedures and requirements for both situations are different and can be complicated if Bob chooses to not comply. It’s best for Sally to get a lawyer to help her understand her case and navigate the procedure of getting Bob out.
Do you have a Bob in your home that you think has overstayed their welcome? Ferretjans Law is dedicated to helping you understand what kind of process you’re dealing with and effectuate the quickest, easiest procedure possible to regain your space. Don’t live uncomfortably with a Bob, call our lawyers with Ferretjans Law Office in Miami for a consultation today! Call us at 305-925-0811.
Last updated October 2020
FERRETJANS LAW OFFICE
IMMIGRATION AND FAMILY LAWYERS IN MIAMI