If my daughter let friend stay in my home without permission, how do I get them out if they won’t leave?

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If my daughter let friend stay in my home without permission, how do I get them out if they won’t leave?

Asked on January 28, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Once someone who herself has the right to live someplace (i.e. your daughter) allows someone to live in your house, the only way to remove that person if they won't go is with an "ejectment" action--ejectment is eviction for non tenants (non rent payers). Because they are a guest, you have the right to ask them to leave at any time, but you can't physically remove them yourself, if the don't actually leave--hence the need to bring a legal action, get a court order or judgmet in your favor, and then have the sheriff's officers or court officers/constables remove the guest. Ejectment actions are more complicated and less "user friendly" than the typical eviction cases; you are advised to retain an attorney to help you.


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