How do I get people out of my house than been there living for free for 10 months?

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How do I get people out of my house than been there living for free for 10 months?

Asked on December 7, 2011 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It sounds as as though these people were invited in as guests. In that case then, after so long a period, they may well have attained the legal status of "licensees". Like tenants, in order to now get them to leave you will gave to serve then a notice to quit the premises. If they fail to vacate by the date specified in the notice, you will then have to file an "unlawful detainer" action (i.e. eviction lawsuit). Once the court issued a writ of possession (or your state's equivalent), they will have to remove themselves from your home. If they still refuse, you can have the sheriff forcibly remove them if necessary.

In the meantime do nothing to force them to go such as turning off the utilities, changing the locks or removing their belongings. If you do they could turn around and sue you for illegal eviction.

Since all of this requires strict adherence to statutory mandates, you really should consult directly with an attorney in your area who specializes in landlord-tenant maters.


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