Legal Question in Landlord & Tenant Law in Florida

Hello,

My mom and I live together and brother moved in recently. He was released from Jail and he's been staying with us for a few months. He's had a drug addiction problem in the past. We suspect he's using again. My mom is retired and I'm young adult. I don't think their is any way to force him to move out. Could you tell me if the list of reasons to force someone to move out?

Thanks Rachel


Asked on 11/15/12, 1:58 pm

2 Answers from Attorneys
Alterraon Phillips APLaw, LLC

Hi Rachel,

There is no true list of reasons to force someone to move out. In some cases you just want people to leave. When you have a situation like yours (the person living in the home is not paying rent - invited guest that won't leave) the owner of the home has to file an ejectment action in civil court in order to have the person legally removed. This is provided your brother does not have any ownership interest in the home.

Hope this helps.

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Answered on 11/17/12, 5:14 pm
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Phillips is correct. As long as the house is not in your brother's name, your mom can file an ejectment action (which is basically the same as eviction) and have the court order him to leave. What a shame it has come to this. Good Luck.

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Answered on 11/18/12, 6:23 am


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