What to do if I have a guest in my home who has been here for 6 months but now want her to leave?

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What to do if I have a guest in my home who has been here for 6 months but now want her to leave?

I have a guest in my home who has been here for 6 months. There is no lease and she does not pay rent. I am aware that she is conducting illegal activities and have asked her to leave but she refuses to do so saying that because she has received mail here I cannot immediately force her to move. I am very concerned for the safety of home and need to remove her as soon as possible.

Asked on June 21, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can bring an action "for ejectment" to remove her. "Ejectment" is eviction for non-tenants: it is the way to legally remove a guest or former guest, someone whom you had prevously permitted to live in your home (and so who did not come there as an illegal trespasser). It is somewhat more procedurally complex than eviction of a tenant, especially if you bring it on an "emergent" (think: "urgent" or "emergency") basis to get into court and get a hearings in days or weeks, instead of months. You are strongly urged to retain an attorney to help you; a landlord-tenant attorney should be familiar with this type of action.


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