Can I evict a guest?

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Can I evict a guest?

I let my ex-wife move in 4 years ago; the home is in my name and I pay all utilities. She sometimes buys food and has provided some furnishings (which she can have). I’ve asked her to leave and she won’t. Can I evict her?

Asked on June 24, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh my goodness.  What you did was create a lease agreement - an oral lease agreement - and in the state of Florida, it is so valid.  In Florida, you will need to formally evict your ex which involves going through court and spending money. If the "tenant" doesn't fight, the process can end within 25 days.  If she does then you are in for the long haul.  And be aware that court costs, as I understand it, are very expensive for filing an eviction proceeding.  And then you have to have her served.  But it can be done if you are determined to do it. And next time think twice before being so nice. Good luck.


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