Many homeowners in the State of Florida allow a boyfriend or girlfriend to reside with them in their property. In many circumstances, the homeowner’s boyfriend or girlfriend is not paying rent and does not have a lease. Unfortunately, the relationship between the homeowner and their boyfriend or girlfriend can fall apart and the homeowner no longer wants their boyfriend or girlfriend to remain in the property. Can a homeowner evict their boyfriend or girlfriend at this point?
Contrary to the general thinking of the eviction process in the State of Florida, when a Homeowner wants to remove a girlfriend or boyfriend from their property that does not have a lease and there is no payment of rent, the proper action that a homeowner needs to file with the court is what is called an Unlawful Detainer.
Although the overall goal of the eviction process is to remove the Tenant, the Unlawful Detainer process in the State of Florida does not result in the removal of a Tenant. It results in the removal of an unauthorized occupant that does not have a lease or pay any rent to the homeowner.
Filing a Florida Unlawful Detainer Lawsuit
For the purposes of filing an Unlawful Detainer Complaint with the Court, the homeowner is not considered a landlord, but simply the owner of the property. Distinguishing between an Unlawful Detainer and eviction is important because if the homeowner files an eviction action in Court, the case has the potential to be dismissed or slowed down if the Judge determines that a lease did not exist and rent was never paid to the homeowner.
If you are a homeowner in the State of Florida and have either a boyfriend or girlfriend or family member that is living with you and they do not pay rent and do not have a lease, contact your Florida Unlawful Detainer Lawyers of 954 Eviction Attorneys, PLLC today @ 954.323.2529. Our team of Florida Unlawful Detainer Lawyers will educate you on the Unlawful Detainer process and help facilitate the removal of a boyfriend or girlfriend or family member from your property.