What can be done if my 20 year old son is living with his grandmother but has overstayed his welcome?

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What can be done if my 20 year old son is living with his grandmother but has overstayed his welcome?

He does not pay rent or for any other amenities. We wish to have him removed from the premises. How can we have him legally removed?

Asked on May 16, 2014 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there is no agreement for him to pay rent, he is not a tenant--he is a guest. A guest can be asked to leave at any time by a person who has possesion of the premises (e.g. by his grandmother, if it's her home; you cannot require him to leave, however, unless you either are part owner of the home or otherwise have authority, such as a POA, from the grandmother to do so). If the guest will not leave, you can remove him by filing an action for ejectment, which is basically eviction for non-tenants, in court. An ejectment action can be somewhat tricky to properly file; you are advised to retain an attorney to help you.


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