Since they pay no rent they are basically guests in your house residing there with your permission. If you want them out you and your spouse should tell them to leave and if they refuse you can have the police remove them as trespassers. However I suggest you do not involve the police as they usually make things worse.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
Typically, in a situation like yours the homeowner has two options, file for eviction or ejectment. Based upon the facts provided you may want to consult with an attorney who can help you file for ejectment. Eviction only applies when their is a landlord-tenant relationship between the parties. For example, if you and your sons have a written or oral lease where they pay you to live in the property.
When a person is in possession of a property and there is no agreement for rent, and therefore no landlord-tenant relationship, an ejectment is necessary. Ejectments are almost always more complicated, usually contested, and the process can take considerably longer than an eviction. However, given the facts your provided, it seems to be the proper method of removal.
If you plan on moving forward with the ejectment make sure to contact an attorney who can explain the process to you.
This communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida. Please visit our website at www.moreylawfirm.com.
My experience is that law enforcement will not get involved with this type of a situation, and so calling the sheriff or police will probably not help. Actually, if your children say the wrong thing to the cops they could wind up ggettin hassled and/or arrested and who needs that?
In the absence of a written lease agreement, or even a verbal lease agreement, you can not evict. Evictions apply only to landlord-tenant situations.
There is a little known action for removal of people who are not tenants, and it is called "Unlawful Detainer". Unlike an Ejectment, Unlawful Detainer is not only simpler but more importantly it is much, much quicker. Instead of a 20-day summons being issued in an Ejectment, Unlawful Detainer involves a 5-day summons, and the judges are required to advance Unlawful Detainers, like other cases subject to Summary Rules, on their calendars to move the cases to a quick resolution.
Now, IF they do carry out on their threats to destroy your property, then a call to law enforcement is appropriate.
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I agree with Attorney Lampert. You should file a county civil action called Unlawful Detainer. It is based on Chapter 82 of the Florida Statutes.
I think you should hire a local landlord tenant attorney or real estate lawyer to help you.
Call the local law enforcement if the household guests threaten to harm you or your property.