Eviction, Unlawful Detainer

Daughter Won’t Leave Home

Daughter won't Leave Home
Daughter won’t Leave Home

You are probably reading this legal blog right now because your Daughter won’t Leave Home. If you own a home in the State of Florida and have a son or daughter living in the property that you would like to remove for any reason, you have the right as the Owner of the home to remove them by  filing an Unlawful Detainer action under Chapter 82 of the Florida Statutes.

While an Unlawful Detainer action may work similar to an eviction, it is extremely important to understand that an Eviction and Unlawful Detainer Action are both governed by different Florida statutes.  An Unlawful Detainer is governed by Florida Statutes Chapter 82 and a residential eviction is governed by Florida Statutes Chapter 83.  If you believe you have the right to bring an Unlawful Detainer action to remove your son or daughter from your property, your case must meet certain requirements:

  1. There is not been a Lease or Exchange of Rent between the Owner of the property and their son or daughter;
  2. You have asked your son or daughter to leave but they refuse to do so or your have revoked permission of their stay; and
  3. Your son or daughter must not have any ownership in the property or claim that they have ownership interest in the property.

If any of the above requirements are not met, you will be unable to bring an Unlawful Detainer action against your son or daughter, but will need to navigate through the courts under a different cause of action.  If you own a home in the state of Florida and would like to remove your son or daughter that is currently living in your property, contact your Unlawful Detainer and Eviction Attorneys @ 954 Eviction Attorneys, PLLC today at 954.323.2529 to learn about your rights.  We have offices both in Broward and Palm Beach Counties to better serve our clients.