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Is there a legal process to follow when removing a live in girlfriend and son from your home?

Tallahassee, FL |

girlfriend and son have lived with me for two months, I own the home. Our relationship is over and I need them to move out. Can I give them a timeline to leave and then evict them?

Attorney Answers 4

Posted

You can request they leave, if they do not, the proper procedure if they are not paying rent would be an ejectment action. Best of luck.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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6 lawyers agree

Posted

You need to evict them just like you would a tenant.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

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Posted

You'll either need to file an ejectment or an eviction depending on if they pay rent.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

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Posted

It all depends on whether they would be defined as a tenant under the law. Do they normally pay rent periodically? If so, they might be a tenant. If they aren't a tenant, then you're looking at an ejectment action, not an eviction, which takes much longer. I would consider paying them to move out because it will cost you at least 3 or 4 hundred dollars in filing fees and costs (without hiring an attorney) just to file either lawsuit. Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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1 comment

Paul Karl Siepmann

Paul Karl Siepmann

Posted

Great advice, as always!