How can I get my ex-boyfriend out of my house?

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How can I get my ex-boyfriend out of my house?

I own the house, only my name is on title and mortgage. He lost his job 7 months ago and I stupidly let him stay in my house to help out with our 2 children. At that time I told him being there was only temporary and he needed to leave when I told him to. He agreed and for 2 months he helped pay the mortgage. Now I pay all the bills (which are all in my name), the mortgage, 99!% of the grocery bill, and I’m the one who supports our 2 children. I told him 2 months ago I wanted him out and have told him everyday since. I’ve text him I wanted him out of my house and also wrote it down on numerous pieces of paper and left then all around the house.

Asked on November 17, 2012 under Real Estate Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Unfortunately, you have to evict your ex-boyfriend through legal court process.  You can take one or both of the following steps:

Give him a "3 day notice" to vacate because he has failed to pay the rent he is obligated to pay.  Here is a sample notice from the Florida statute (section 83.56:

 

 

"You are hereby notified that you are indebted to me in the sum of      dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the      day of      , (year) .

                                  (landlord's name, address and phone number)"

Since he does not have a lease, you can also give him a 15 day notice to vacate the premises.  This is covered by Florida statutes section 83.57.

I suggest you give him both notices.  Make sure you keep copies and write down when you delivered them.  Better yet, have someone else deliver the notices so that they can testify that they handed the notices to him.

When the time periods have passed (3 days & 15 days), you can file a suit to evict him.  The courts have forms available online for this.  Be sure to follow the rules very closely or the case will be thrown out.  There is also a filing fee for this.

I am sorry the problem is so difficult.  I have never understood why anyone insists on staying somewhere they are not welcome.


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