Legal Question in Landlord & Tenant Law in Florida

How long does a houseguest need to stay at your home and under what conditions before they do not have to leave by law?


Asked on 1/11/10, 1:48 pm

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

When a houseguest has overstayed his or her welcome, they must leave. If they do not reside in the home, the police may take them away as tresspassers. If they do reside in the home (get mail there, have toothbrushes, etc), then it is a civil matter, and the police will not do anything. Then, you must file an eviction action to get rid of them.

There is not a time period for "overstayed their welcome." You can revoke permission to be in your house at any time. It could be 48 hours or 48 months, but when you decide they can't live with you anymore, they must go.

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Answered on 1/16/10, 2:50 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If they are a guest and not paying rent, you can ask them to leave at any time. If they refuse to leave, they are tresspassing.

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Answered on 1/18/10, 5:29 pm
Lesly Longa Longa Law P.A.

It's your house, so if they are not welcome anymore and don't pay rent, you may ask them to leave. If they continue to stay, they are trespassing.

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Answered on 1/20/10, 7:50 am


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