Legal Question in Landlord & Tenant Law in Florida

Landlord/tenant

I have an unwanted house guest that has unfortunately established residency in my apartment. I am the only signer on the lease, and there is a section of the lease stating that the resident(s) may have a guest for no more than 7 nights in any month, unless Landlord approves a longer period. Resident must obtain the prior written consent of Landlord to change Residents or add Addtional Live-In Residents as defined in the lease. Is there a way to circumvent the eviction process at all?


Asked on 5/23/08, 2:55 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Landlord/tenant

If there is no lease and he is not paying rent and is, as you say, just a guest, then you can tell him to leave. If ghe fails to leave then he is a tresspasser. The police will remove him. Eviction applies only if there is a rental agreement.

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Answered on 5/23/08, 4:03 pm
David Slater David P. Slater, Esq.

Re: Landlord/tenant

I doubt the police will get involved. You may need a court order.

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Answered on 5/23/08, 4:43 pm


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