My daughter is an addict and causing problems in my home, she cant be trusted and I cannot have her in my home. What are the laws regarding this? I have asked her to leave and she told me I have to legally evict her. Is this true??
You will need to file a suit for ejectment, not eviction.Your daughter is correct only in that you will need to take legal action in order to remove her from the premises. Eviction applies only when their is a landlord-tenant relationship between the parties. For example, if you and her have a written or oral lease whereby she pays you money in order 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.
Depending on the facts, you will have to file a lawsuit for ejectment, unlawful detainer, or eviction. Eviction would apply if your daughter ever paid rent to you.
Ejectment would apply if your daughter is claiming that she is owner or part owner of the house.
Unlawful detainer would apply if your daughter is not claiming that she is part owner and if your daughter never had a tenancy with you.
Seek a local landlord tenant lawyer or real estate attorney who can go over the facts with you and make the best decision about what to file. Do this now, as the process needs to begin as soon as possible.
In the meantime, you may also think about whether a restraining order is in your best interest and if that could be used.