If there is no writen agreement or lease, how do I get a girlfrend and her 19 year old son out of my house?

Asked on November 6, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no written lease, she (and the son) would likely be month-to-month tenants under an oral lease if they are paying rent (even indirectly, such as by covering some utility, tax, mortgage, or other costs). In that case, you can terminate their tenancy on a month's notice; if they don't move out after that month, you could bring an eviction action.

If there is no lease and no rent at all, they are guests, not tenants; you may ask them to leave at any time and, if they don't, bring an ejectment action (similar to an eviction action).

Given that this could be very emotional, you may wish to retain an attorney to help you.

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