How and where do I file a notice to quit?

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How and where do I file a notice to quit?

I am a homeowner. I want to evict an ex-husband out of my home. I invited him back into my home over 10 years ago because he needed help. Now I’ve asked him to get out over a 7 years now and I get excuse after excuse of why he can’t seem to get out. There were verbal agreements but nothing written. I just want him out – now. I don’t care if he pays me a dime. He is just a leech and a womanizer and has even put his hands on me and the police didn’t do anything because he’s a great manipulating liar. How can I do this without having to pay a lot of money? I’m retired military on fixed income.

Asked on July 13, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Is your ex-husband who is living at your home a tenant or a guest of yours presently? If he is a guest and not a tenant, you can simply tell him to leave by a certain time and date. If he does not do so, you then call the police advising them that you have a trespasser at your home and want him physically removed. If he is removed by law enforcement, you need to change the locks so he cannot get access to your home.

If your ex-husband is a tenant on a month to month basis and is paying his rent, you need to give him written notice to vacate the home. In most States the notice period is at least thirty days. If the notice period is thirty days, he is served with the notice and still does not leave after thirty days, you will need to file a lawsuit against him, usually called an unlawful detainer action. The lawsuit is filed in the county courthouse where you live.

Good luck.


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