Legal Question in Landlord & Tenant Law in Florida

Freeloading relative eviction
I live in a home owned by my mother. She lives in a condominium elsewhere. The home is to be given to me when my mother passes. My 22 year old neice and her 3 year old daughter were homeless and I let them come stay here in june of this year. It was to be only a temporary situation for a few weeks until she got back on her feet. She is still here and I have been told that I couls face legal consequences if I try to make her leave. She applied for public assistance using this address, which I have been told established this as her residence. She does not pay rent or monies of any sort to the expenses for the home. What can I do to get her out of this house legally?

Asked on 11/12/07, 11:53 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Freeloading relative eviction

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.

Regardless of the facts regarding the tenancy, you would have to evict your niece like any other tenant. You must first give her a three day notice to pay rent or vacate. If she fails to comply, then you can file a suit for eviction with a 5 day summons.

Scott R. Jay, Esq.

Answered on 11/12/07, 9:35 pm

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