Are you at the point where you need to remove your girlfriend or boyfriend from your Florida Home because they refuse to leave?
If you own a home in the State of Florida and your girlfriend or boyfriend is living there and you want them removed, you have the right to remove them through a legal action known as a Florida Unlawful Detainer.
When filing this action, it is essential that your Unlawful Detainer Action is not confused with an Ejectment Action or an Eviction. Filing an Ejectment Action or an Eviction when the circumstances call for an Unlawful Detainer can add unnecessary delays to removing your girlfriend or boyfriend from the home. To bring a Florida Unlawful Detainer Action to remove your girlfriend or boyfriend under Florida Statutes, Chapter 82, the action must meet specific requirements under Florida Law. These requirements include:
- Your girlfriend or boyfriend does not have a lease or has paid any rent;
- You have asked your girlfriend or boyfriend to leave but the refuse to do so; and
- Your girlfriend or boyfriend does not have any ownership in the property or their response to the Unlawful Detainer complaint does not allege that they have an ownership interest in the property.
Therefore, if your girlfriend or boyfriend has been paying rent or has an executed lease, then the correct action is a Florida Eviction pursuant to Florida Statutes, Chapter 83. This process begins with the posting or serving of a three day notice or a fifteen day notice. Thereafter, you must file a formal eviction complaint requesting removal of your girlfriend or boyfriend. Unlike the Eviction action, a Florida Unlawful Detainer action does not require you to give your girlfriend or boyfriend formal notice. You can forego the notice requirement and immediately file an Unlawful Detainer complaint against your girlfriend or boyfriend. If your girlfriend or boyfriend alleges that they have an interest in the property in response to to a Florida Eviction Complaint or Florida Unlawful Detainer Complaint, the proper action is known as a Florida Ejectment. In a Florida Ejectment, you will be required to prove ownership of the property.
Florida Law recognizes that Unlawful Detainers, Florida Evictions, and Florida Ejectments to be established causes of actions to remove someone from a Florida property. If you have a girlfriend or boyfriend that is living with you in your property and they don’t have an ownership interest in the property, do not pay rent, and refuses to leave, a Florida Unlawful Detainer action is the recommended cause of action. If you are a homeowner in the State of Florida that currently would like to remove a girlfriend, boyfriend or family member, contact your Unlawful Detainer Attorneys 954 Eviction Attorneys, PLLC today at 954.323.2529. We have offices in Coral Springs FL and Palm Beach County FL to better assist you