Legal Question in Civil Litigation in Florida

Re: household

You need to file an action for ejectment under Fla.Stat. 66. You should consult with an attorney as soon as possible.

Re: household

Agree with Mr. Duvalsaint that ejection may also be the correct action, depending on the facts which don't seem entirely clear here. An action for ejectment is brought by the true owner to remove another "owner" from a property (this can be a squatter who claims ownership rights or a person who has a bad deed).

So, depending on the facts:

One removes a guest who refuses to leave as a criminal tresspasser.

One files for eviction of a tenant.

One files for ejectment of an "owner."

Based on the facts you have given, I cannot determine which one this woman is.

You should hire an attorney to evaluate all the facts and determine which is the proper action to remove the woman from your house.

Re: household

Tenants are evicted. This is a tresspasser - she was invited, she was warned to leave, and she refused to leave (see the statute copied below). Call the police and have her removed.

The problem I foresee is that she may claim that she lives there because you have acquiesced in her possession of the property for a year. She may very well tell police she lives there - as evidenced by her mail being received there, her property being in the home, and her exclusive occupation of one or more rooms in the home. If police will not remove her as a tresspasser, then you will have to evict her. This is done through filing in court. See the clerk of the court in your jurisdiction for the proper eviction papers to file, if necessary.

Why would you let an unwanted house guess remain for a year?

810.08 Trespass in structure or conveyance.--

(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.