Legal Question in Civil Litigation in Florida

Re: Some body living in my property who doesn't want to move .What should I do?

Mr. Gonzalez may be wrong on this one. The answer

depends on whether your sister-in-law was renting

the property from you. If there was a rental

agreement, either written or oral, then eviction

would be the appropriate remedy. However, you

would need to follow the eviction procedures in Chapter

83.

If you had allowed her to move in without a

rental agreement, then ejectment procedures are

the appropriate remedy. This needs to be filed

in circuit court instead of county court. I suggest

you seek the advice of an attorney.

Re: Some body living in my property who doesn't want to move .What should I do?

First, you should ask your spouse to search for his or her spine, and if he or she finds it, both of you together should tell your sister-in-law she has 48 hours to get all of her personal belongings out of your home before you file an eviction action against her.

Second, if your sister-in-law decides to ignore your demands and hide out in your home indefinitely, you need to file an eviction action against her, obtain a final judgment for possession, then have the Sheriff take all of your sister's personal property out of your home.

Third, after obtaining the judgment and after the Sheriff helps you get rid of her stuff, you can change all the locks to prevent your sister-in-law from declaring squatter's rights once again.

Seek the advice of a residential landlord-tenant lawyer and good luck.