Legal Question in Family Law in Florida
Housing advice
Florida- I've lived with my boyfriend over a year. Recently while up in Ohio for the holidays we broke up. He put me on a plane back to Florida and took my key. My name is not on the lease of the apartment and his mom pays the rent but I get all my mail and bills sent there. I have ALL of my clothing and belongings in there. I have lived there full time with my pets and him for over a year. He doesn't get back for another week and I need at least some of my stuff. My friend(cop) said I can legally break a window because I'm locked out of my home, but I would rather just get a locksmith to open the door. Every time I say I'm going to get my stuff, he says he has people watching the house and if I go anywhere near the house I'm going to get sued. I don't plan on taking or destroying any of his things, Just what belongs to me. Can he sue me? Am I allowed to go get my belongings? Am I allowed to still live there even since its my home?
1 Answer from Attorneys
Re: Housing advice
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You have asked far too many questions to be covered in one or two paragraphs. To respond to your question, however, nobody can evict anyone from a place of residence without following the dictates of Florida law. Residential Tenancies are governed under Florida Statutes Chapter 83 which requires a Three Day Notice to Vacate and then he would have to file a suit for eviction if you did not move. Your ex cannot simply take your key away even if your name is not on the lease. Having said that, a locksmith may refuse to open the lock for you if you are not on the lease. You may have to retain legal counsel to enforce your rights.
Scott R. Jay, Esq.
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