How do you make a friend or family member move out of your house?
How do you make a friend or family member move out of your house? This video applies to removing people who were never expected to pay rent using an unlawful detainer process found in Chapter 82 of the Florida Statutes.
Attorney Tom Olsen: So Rob, we were talking before the break about somebody who's not a traditional tenant. I think we've literally had a mom before calls and say, “Look, I want my son out of my house, I can't get him to move out of my house”. How do you evict somebody who is not a traditional tenant, somebody who's not paying either cash rent or rent in the form of services? How do you get somebody out of there? First of all, what do you call that kind of lawsuit?
Attorney Rob Solomon: That's what we call an illegal detainer. Instead of using Florida Statute 83, you use Florida Statute 82 so it's right nearby because they're treated almost identically and somebody in that situation needs to be given reasonable notice that consent has been withdrawn and that they need to vacate the premises.
So, unlike landlord-tenant law that has very strict and stated time limitations and the notices, this simply needs to be reasonable and generally I think that probably a month would do, 30 days would do, and if they fail to get out the procedures set forth in Statute 82 are virtually identical to an eviction. So you file a complaint, you pay the filing fees and you move it through what is essentially an eviction process and get a writ of possession just like you would for a rental. I'd like to think and usually it is our family members that are somewhat more removed than your nuclear family. I'd like to think that those people have a little bit better communication and often they're in the same house which makes that process more complicated. But, it often is further removed family members or typically a friend that you were trying to help out.
The problem is that once people stay in a place long enough without paying, they get kind of used to it and so they don't really want to start paying somewhere else.