Legal Question in Landlord & Tenant Law in Florida

i am a landlord in Florida. I leased a house to a couple with two small children. However, only the male is the lessee. The problem is that he is in jail in a different county. So, he isn't living there at all and the rent hasn't been paid. So, he is being evicted (the default has been signed by the judge) THE PROBLEM: other people (his girlfriend's mother and sister) are living in the property without my consent. They have threatened to trash the house, break all the windows, break all the appliances, destroy the new carpet, etc. MY QUESTION: is there any legal way for me to get them out before they destroy my house? Can I file any type of civil lawsuit to prevent them from doing this? Can I file an emergency motion before their eviction judge? Thank you.


Asked on 8/19/17, 12:47 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

They needed to be included in the eviction action. if you did not include them in the action and they are in possession, you may have trouble getting an enforceable final judgment. You can try filing and requesting an emergency injunction to prevent their anticipated behavior, but you have to have facts to support the motion. Their oral threats alone are not sufficient. The emergency issue for an injunction is only properly filed in Circuit Court while the eviction is filed in County Court so the eviction judge can only act in that capacity if assigned to that task by the administrative judge. You really need an attorney to walk you through this.

Read more
Answered on 8/19/17, 12:55 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida