Legal Question in Real Estate Law in Florida

Freeloader Eviction

About a year ago, a friend of mine needed a place to stay because his lease was up at his other place. I let him stay with me to try and help him out. We never wrote up a rental agreement. It's been a year now, and in that time he has gotten a drivers license with this address on it. I've asked him to leave numerous because of his actions. The police were here and said because his license shows this address that they can not ask him to leave. He has not given me a dime since he's been here. How do I get him out?


Asked on 7/21/01, 4:01 pm

3 Answers from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Freeloader Eviction

You would need to file a Possession action against him. He is not a tenant since you did not enter into an agreement for that. However, you still need to file an action to get him to move out.

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Answered on 7/23/01, 2:28 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Freeloader Eviction

Your best alternative might be to file an eviction action for possession only. You should have no problem obtaining a judgment for possession which will put the authority of the court behind you, which is something you have not had thus far. Perhaps once the lawsuit is filed and served, your unwanted roommate will get the message and move out. Seek the advice of counsel and good luck.

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Answered on 7/23/01, 5:17 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Freeloader Eviction

I don't disagree with the other responses, but I know of situations where an unwelcome roomate found stuff outside and the locks changed. This is NOT legal advice!

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Answered on 7/23/01, 6:37 pm


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