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

Tampa, FL |
Filed under: Landlord-tenant law

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. 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. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I do five my 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  2. 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 not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  3. 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
    _________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com
    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 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.

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