How can you force a family member to move out of your house?


Attorney Tom Olsen: Here's a text, and says that they let their uncle move into their house, and now the uncle won't leave, they want to know how do they get the uncle out of their house.

Attorney Rob Solomon: Yes. Well, that's the old doing-a-family-member-a-favor, happens all the time. All this good will is spent, and Uncle Joe moves in, and then Uncle Joe, three months, or four months, or three years later, won't move out. So these are not necessarily tenancies, these were done by mere consent to let somebody move in. And so, we have a parallel proceeding in Florida law that allows you to treat uncle as somebody who has once had consent, but no longer does. And then the proceedings are very similar to an eviction process. You have to give notice, in this case it's a less formal, but simply asking that uncle Joe leave, that consent is now withdrawn, and then the process is very much like an eviction.

Attorney Tom Olsen: All right. So even if Uncle Joe never paid any rent, you still have to go through some kind of court proceeding if you want to get Uncle Joe out of your house.

Attorney Rob Solomon: Sadly, that's true. I could make a case out that Uncle Joe is nothing more than a trespasser, but me and the local police departments wouldn't agree on that.

Attorney Tom Olsen: All right.