How to evict someone who is not on an apartment lease?

UPDATED: Mar 4, 2012

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How to evict someone who is not on an apartment lease?

My boyfriend has been living with me rent free for about 9 months. We are breaking up and he refuses to leave. What do I do to make him move?

Asked on March 4, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your boyfried is not on the main lease with you, is not on a sublease from you to him, and is not paying rent, he is a guest, not a tenant. A guest may remain only so long as you let him, and you may withdraw permission at any time. Once you withdraw his permission to stay, he becomes a trespasser in essence, and you should be able to contact the police to remove him, if necessary.

Note that even if he is not formally paying rent, if he is helping out in any regular way with apartment/home-related costs--for example, paying utilities; buying the groceries--those regular payments might be considered his rent and he therefore would be considered a tenant. If he is considered a tenant, if there is no written lease, he would be a month-to-month tenant on an oral lease. In that case, you could give him 30 days notice that his tenancy is being terminated and that he must leave; if he does not leave, you could file an eviction action against him. Provide any notice in writing, in some way you can prove delivery.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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