If my daughter is staying at my property and she had a boyfriend move in without my permission, how can I get rid of him?

I’m told him to get out but he refuses.

Asked on July 16, 2015 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Is she paying rent? If she is, then she is a tenant, and unless there was a written lease requiring landlord approval of anyone else living there, she can move her boyfriend in. (Tenants may have any households, roommates, etc. they like so long as the lease doesn't preven it.) You may be able to evict her  if there are grounds for eviction, but you can't get rid of him without getting rid of her.

If was not paying rent, she is your guest, not a tenant. If she is a guest, then she had no right to move him--a guest does not have the same possession rights as a tenant. You can ask him to leave at any time; if he won't leave, while you could try asking the local police to remove him, they probably will not, since they will most likely treat this as a civil, not criminal (i.e. trespassing) case. In that instance, you'd need to file an ejectment action ("ejectment" is eviction for non-tenants) in court to remove him, and are advised to hire an attorney to help you: ejectment can be somewhat technical, so you want it done right; and the attorney will help "insulate" you from an emotionally wrought situation.

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