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?
3 Answers from Attorneys
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.
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.
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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