Florida- Getting someone out of the house-NON TENANT.

[cturboaddict]

Florida....

Posting a question for a friend.

My wife's best friend is a resident of Florida. Ft. Walton Beach area. Anyhow, she has become involved in a messy relationship with a man that has since moved into her house. They break up on a usual basis, and all in all the relationship is bad.

She has decided, that enough is enough and has bought him a bus ticket to leave on multiple occasions. She has asked him to leave and return to his parents in another state, yet he wont go. She told him to get out, and he claims that because of Florida law that he doesnt have to leave?

She claims to have spoken to a police officer, and they claim that she cannot have the police come and have him removed from the house? She has not physically called the police to have him removed, she just spoke to one a couple weeks ago.

She is at her wits end, and this guy is just running her dry. It has come to the
point where he is now sleeping for 17hrs at a time (im assuming faking it), to only be awake whenever she is at work.

Is there anything she can do at all?????

 

[BL]

Florida....

Posting a question for a friend.

My wife's best friend is a resident of Florida. Ft. Walton Beach area. Anyhow, she has become involved in a messy relationship with a man that has since moved into her house. They break up on a usual basis, and all in all the relationship is bad.

She has decided, that enough is enough and has bought him a bus ticket to leave on multiple occasions. She has asked him to leave and return to his parents in another state, yet he wont go. She told him to get out, and he claims that because of Florida law that he doesnt have to leave?

She claims to have spoken to a police officer, and they claim that she cannot have the police come and have him removed from the house? She has not physically called the police to have him removed, she just spoke to one a couple weeks ago.

She is at her wits end, and this guy is just running her dry. It has come to the
point where he is now sleeping for 17hrs at a time (im assuming faking it), to only be awake whenever she is at work.

Is there anything she can do at all?????

It's true she can't just kick him out .

She needs to consult a landlord tenant attorney about evicting him , or learn the laws herself to evict .

Other members her might chime in on the laws in FL. on how to evict.

 

[cturboaddict]

I should add......

He has a drivers license in the state with the address on it, and a bank statement sent to the house also. He does not work, and pays no rent as they were in a relationship.

She also, owns the home**************. He is not on the mortgage.

 

[cturboaddict]

It's true she can't just kick him out .

She needs to consult a landlord tenant attorney about evicting him , or learn the laws herself to evict .

Other members her might chime in on the laws in FL. on how to evict.

She wants this guy gone NOW...... And she really doesnt have much money. Can the police help her at all?

 

[BL]

I should add......

He has a drivers license in the state with the address on it, and a bank statement sent to the house also. He does not work, and pays no rent as they were in a relationship.

She also, owns the home**************. He is not on the mortgage.

The police were correct .She invited him there to stay/live , not as a guest for a few days.

 

[BL]

She wants this guy gone NOW...... And she really doesnt have much money. Can the police help her at all?

As I said some members here might know the laws on evictions , I do not .

 

[sandyclaus]

Florida....

Posting a question for a friend.

My wife's best friend is a resident of Florida. Ft. Walton Beach area. Anyhow, she has become involved in a messy relationship with a man that has since moved into her house. They break up on a usual basis, and all in all the relationship is bad.

She has decided, that enough is enough and has bought him a bus ticket to leave on multiple occasions. She has asked him to leave and return to his parents in another state, yet he wont go. She told him to get out, and he claims that because of Florida law that he doesnt have to leave?

She claims to have spoken to a police officer, and they claim that she cannot have the police come and have him removed from the house? She has not physically called the police to have him removed, she just spoke to one a couple weeks ago.

She is at her wits end, and this guy is just running her dry. It has come to the
point where he is now sleeping for 17hrs at a time (im assuming faking it), to only be awake whenever she is at work.

Is there anything she can do at all?????

I should add......

He has a drivers license in the state with the address on it, and a bank statement sent to the house also. He does not work, and pays no rent as they were in a relationship.

She also, owns the home**************. He is not on the mortgage.

She wants this guy gone NOW...... And she really doesnt have much money. Can the police help her at all?

This is not a police matter. The guy isn't a guest, and he isn't trespassing. This guy has established residency, and that makes him a tenant whether she likes it or not. This means she must treat him like a tenant and use the eviction process to make him leave.

She has asked him to leave, and he has plainly said that he would not do so voluntarily. Time to give him proper legal notice to vacate, and if he STILL doesn't leave, then file an eviction through the courts to force him out once and for all.

Florida law allows for a 15-day notice to terminate tenancy. She needs to serve him with one NOW. (You can use Google to locate a properly written form to give him.)

 

[BL]

I ran across this while googling .

It talks about boyfreind/ roomate and evictions in some lnks .

The clerk of the court can give you forms but can not give legal advice .

How to Evict a Tenant in Florida

 

[cturboaddict]

Thanks guys, Ill track down those forms if I can to atleast serve him with a paper to leave the premisis if needed.

But sadly during this conversation, the situation has escalated to now domestic abuse. Apparently they got into an argument at the home, where he threatened to kill her and her roomate. And then shoving commenced. Which in turn turned into him hitting her and apparently chocking her too.

She has left her residence and is at a friends nearby. Waiting to hear if they have called the police yet**************. Im guessing this drastically changes the police helping out issue.

 

[BL]

Thanks guys, Ill track down those forms if I can to atleast serve him with a paper to leave the premisis if needed.

But sadly during this conversation, the situation has escalated to now domestic abuse. Apparently they got into an argument at the home, where he threatened to kill her and her roomate. And then shoving commenced. Which in turn turned into him hitting her and apparently chocking her too.

She has left her residence and is at a friends nearby. Waiting to hear if they have called the police yet**************. Im guessing this drastically changes the police helping out issue.

If the ploice indeed find evidence of DV , she can the get a restaining order .

 

[cturboaddict]

If the ploice indeed find evidence of DV , she can the get a restaining order .

I just read that on okaloosa county courts site. Also, they can issue a temp restraining order allowing her to temporarily evict him when this happens.

Right now, we are waiting to hear what is going on. I found the proper paperwork, I think for the eviction also. Just for future FYI...... here is what i found.

Okaloosa County Clerk of Courts - Forms

http://www.clerkofcourts.cc/forms/docs/Landlord Tenant--web.pdf

http://www.clerkofcourts.cc/forms/docs/LT - ComplaintOther.pdf

and stuff for the DV
Okaloosa County Clerk of Courts - Victims of Domestic Violence

 

[sandyclaus]

I just read that on okaloosa county courts site. Also, they can issue a temp restraining order allowing her to temporarily evict him when this happens.

Right now, we are waiting to hear what is going on. I found the proper paperwork, I think for the eviction also. Just for future FYI...... here is what i found.

Okaloosa County Clerk of Courts - Forms

http://www.clerkofcourts.cc/forms/docs/Landlord Tenant--web.pdf

http://www.clerkofcourts.cc/forms/docs/LT - ComplaintOther.pdf

and stuff for the DV
Okaloosa County Clerk of Courts - Victims of Domestic Violence

WHOA! Hold on!

BEFORE a complaint for eviction is filed with the courts, the friend must FIRST serve the guy with a notice to vacate (unless the DV issue resolves that). Can't just go to the court and file for an eviction before notice is given.

 

[BL]

I just read that on okaloosa county courts site. Also, they can issue a temp restraining order allowing her to temporarily evict him when this happens.

Right now, we are waiting to hear what is going on. I found the proper paperwork, I think for the eviction also. Just for future FYI...... here is what i found.

Okaloosa County Clerk of Courts - Forms

http://www.clerkofcourts.cc/forms/docs/Landlord Tenant--web.pdf

http://www.clerkofcourts.cc/forms/docs/LT - ComplaintOther.pdf

and stuff for the DV
Okaloosa County Clerk of Courts - Victims of Domestic Violence

No , you read:

What can the injunction do for you?
The injunction can provide such relief as the court deems proper, including:

Restrain the violator from committing any acts of domestic violence;
Award you temporary exclusive use of the home;
Award you temporary custody of your children; establish temporary child support for minor children (if the violator has a legal obligation to do so);
May order the violator to participate in counseling

.

 

[cturboaddict]

Can she use just any form? for the notice to vacate, or is there a certain form that is needed? I think i found an "eviction package" form, that has a 3 day, 5day, and 10 day....

Your correct on what i read also. The injuction will give her exclusive use of the home for a set amount of days if it is awarded....

As for the moment- she is en route to the home (with another friend incase he is there, and hopefully the police), as a friend was sent over to remove him from the house after the altercation. Apparently another altercation resulted, but she is contacting the police at the moment. Just kind of stinks to be 800 miles away from her.

Again...... Thank you guys for all of your help. Im sure that she is going to need to pursue this paperwork to still properly evict him unless criminal charges are brought upon him.

 

[csi7]

Yes, the clerk in the courthouse in Fort Walton Beach, Florida (it's off of Lewis Turner Boulevard in three story building in same area as Water and Sewer Building and Fairgrounds) can provide the forms, however, no legal advice may be given by the clerk.
The form for the eviction does need to be provided to the individual. This way, the eviction is moving forward as a separate case in addition to the domestic violence case.
By having both cases established at the Okaloosa County Courthouse, and have the case numbers available for easy access when needed by the judge, it will be a smoother ruling by the judge.
There are advocates who can help with this matter as well, and once the case is filed, she can request the help of the advocate.