Legal Question in Criminal Law in Florida
My Granfather, in his 80's has a 50+ yr old son living with him. The son keeps allowing a person to come into my Grandfather's home that he has made it clear to both the person & his son is NOT Supposed to be there. Most recently, this person was caught in the home while my Grandpa was in the hospital, but, at the invitation of the son. My Grandfather wants to Trespass this person from his home as she's caused our family a Great Deal of Grief & has disrespected him for years. How do we do this without evicting his son? This has become a HUGE family issue & my Granfather is at his witts-end. The son has ZERO ownership of this property. It is Solely owned by my Grandfather & has been for 50 yrs. State of FL.
1 Answer from Attorneys
This is not really a criminal law question, but I will try to answer. For a more detailed answer you need to talk to a landlord-tenant attorney.
The 50 year old son has rights as a tenant despite not having any ownership interest. I think, but again talk to a landlord attorney to be sure, that the only remedy would be to have the son evicted. Otherwise, the son has the same rights as any tenant: he can have a reasonable number of guests present that aren't breaking the law. If this other person is stealing or causing physical harm to someone then you need to call the police and report him.
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