Legal Question in Real Estate Law in Florida
Evicting an exboyfriend, no lease
My ex and I lived in a house that I own solely. I have an ord of protection against him but they won't name that property in the injunction since I'm living at my other house. What forms do I use to properly and legally evict him. There is no lease and he has never made a mortgage payment but I'm being told that the eviction for an ex boyfriend/roomate differs from the regular non paying tenant process. Please help! Thanks
3 Answers from Attorneys
Re: Evicting an exboyfriend, no lease
You will most likely have to do an "ejectment" action.
Re: Evicting an exboyfriend, no lease
since he was never a tenant, an action in ejectment is the remedy. i suggest you retain counsel. Good luck.
Re: Evicting an exboyfriend, no lease
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While an eviction suit might be allowed by some judges, the proper remedy is to file a suit for ejectment under Chapter 66 of the Florida Statutes.
Generally speaking, the elements to be proven in an
action for ejectment are "that (1) the plaintiff has title to
the land, (2) the plaintiff has been wrongfully dispossessed or
ousted, and (3) the plaintiff has suffered damages." Black's
Law Dictionary 556 (8th ed.2004).
Scott R. Jay, Esq.