Legal Question in Landlord & Tenant Law in Florida

I told a fellow church member that if they needed a place to stay for a couple weeks that he could stay at my home. It has now been over one month. We have no lease and no contract whatsoever. He has not given me anything towards rent, utilities, food, etc...(I told him he could stay for free for a few days till he got back on his feet) The agreement was that he could stay for 2-4 weeks max. What rights do I have as far as getting him out? I gave

him 30 days verbal notice that he needs to find another place. Can I

change the lock if he refuses to move out? Can he be arrested for trespassing?


Asked on 12/14/09, 8:05 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

It's not technically trespassing because you allowed him to live there. You can change the locks, but that wouldn't be the legal thing to do. The legal thing would be to file a lawsuit against him called and ejectment, which is similar to an eviction. An ejectment is an eviction where there is no lease. It's more complex than an eviction, and you should hire a lawyer for the lawsuit. No good deed goes unpunished.

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Answered on 12/22/09, 7:04 am


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