How to legally get rid of a "freeloader" in my home.

Asked about 2 years ago - Tampa, FL

4 months ago I invited a friend who got out of jail to stay with me versus her being homeless. Since then she has not gotten a job or pay me any rent. There is no lease. How do I get her out and all of her belongings out?

Attorney answers (3)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Since your friend is not paying rent, she is not a tenant. Since she is not a tenant, you cannot evict her. However, you can bring an action for unlawful detainer to have her removed. You should contact an experienced real estate lawyer in your area to help you with this.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Tonald Edmund Spinks

    Contributor Level 9

    4

    Lawyers agree

    Answered . If your property is in Hillsborough County, the Clerk of Court Office may have an information package regarding unlawful detainer. It is very important in these situations to ensure you have your paperwork filed correctly and payments made to the court and HCSO, as one mistake could result in the case being dismissed and you will have to start over again. I reiterate Marshall's recommendation to seek advice from an attorney familiar with the law in this area if possible.
    The Clerk of Court office is located at: 1st Floor, George E. Edgecomb Courthouse, 800 E. Twiggs St. Tampa, FL 33602; Phone 813-276-8100
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    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
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    Phn: 813-254-2770
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    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Two options:
    The easiest option: you ask the 'friend' to leave and they agree. If that occurs, get the agreement in writing (sometimes, one of the party's in such a situation will claim they were unlawfully evicted--with a written agreement, signed by both parties, they won't be successful in doing that).

    The safest option (legally): evict in accordance with FL laws. Notice of termination (15 days for someone in your situation (oral agreement), if they don't leave then you file an unlawful detainer in district court (FYI, I am NOT a FL attorney, you may want to check the proper procedures on the FL state website or with a local attorney) . Process may tak 3, -8 weeks depending on circumstances.

    Best of luck.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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