Need to Remove a Girlfriend from a Florida Home? If you are a Florida homeowner and have a girlfriend living in your home and you no longer want to have her remain in your home, you have the right to remove her legal through a Florida Unlawful Detainer action. It is extremely important that you do not confuse a Florida Unlawful Detainer which is governed under Florida Statutes Chapter 82 with a Florida Eviction or a Florida Ejectment. Doing so can add to unnecessary delay and expenses. To bring a Florida Unlawful Detainer action to remove your Girlfriend, you must meet specific requirements under Florida Law. These requirements include:
- There must be no Lease or Exchange of Rent;
- You have asked her to leave and she refuses to do so;
- She must not have any ownership in the property or claim that she has ownership interest in the property.
If you are a homeowner and filed an Eviction to remove your Girlfriend, your case may get dismissed by the Court as it is the incorrect action. If your Girlfriend is paying rent or has a lease with you, the appropriate action is a Florida Eviction under Florida Statutes Chapter 83. This process begins with a three day notice or a fifteen day notice and then a formal eviction complaint being filed wherein removal is sought. In contrast, a Florida Unlawful Detainer action does have a notice requirement. You can immediately file a complaint against your Girlfriend, although we always recommend having a paper trail of written notice. If your Girlfriend alleges that she has an interest in the property, the proper action to file is known as a Florida Ejectment. This will require you to prove that you are the owner of the property by attaching specific legal documents to the Complaint.
A Florida Unlawful Detainer, Florida Eviction, and Florida Ejectment are the three recognized legal actions in the State of Florida to remove someone living in your property. However, if you need to Remove Girlfriend from Florida Home that is still living in your property, she does not have any ownership in the property, and she is living in your property without your consent and with no rental agreement, a Florida Unlawful Detainer action is the recommended procedure. If you are faced with these circumstances, contact 954 Eviction Attorneys, PLLC today at (954) 323-2529. We have offices in Broward and Palm Beach County to better assist our clients.