Legal Question in Real Estate Law in Florida

A friend of mine I let stay with me about a month ago. I'm on the lease he is not and after having the police called because he was supposed to pay part of my rent to stay here on the first and help out with any utilities which he did not 16 days later I asked him to leave and he refused and told me he didn't have to until he was evicted. the police and the Clerk of the courts said the property owner had to do the 3 day notice and then file the eviction which could take up to 6 weeks. he's already stated that the property owner will have wasted all her time and money to do this because before it gets to the point where he is removed he will be out. I don't understand why he just won't leave because he knows he's in the wrong and hasn't paid a cent to live here but he's one of those people that manipulate the law and others to get what he wants. Tomorrow myself and the property owner we're going to head to the courthouse to start the eviction process but I was informed of a process called ejection that another friend of mine is currently going through the same thing. basically there's no lease there's no mail only a verbal agreement for him to help with utilities and pay rent for a room which he has locked and the officers said we are not allowed to enter. I was told this Egyptian process was the only way to go considering the circumstances and after 20 days after he's been served with this if he does not respond in writing of why he should be able to stay here or his belongings stay here after not paying any money after the 20 days if he doesn't move his belongings out and leave it's considered the owners property. we've just been told so many different things by so many different law enforcement attorneys and clerks of the court that we just want to be sure this is the right way to go because the eviction process doesn't really apply when he was just a gratuitous guest. I'm going to call the clerk's office in the morning I just wanted to reach out to see if anybody had confirm this was the way to go. I would really appreciate any and all help because this has been a complete and utterly nightmare for both myself and my landlord. he was a friend of both of ours for over 10 years and we had no idea he would even do this.


Asked on 6/16/15, 6:18 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your circumstances sound like they can support an eviction, which is a much easier process. You can give a notice based on the alleged periodic payment he was to make. The notice has to be sufficient per the statute based on the payment timing. You can terminate whatever lease he had. Once he fails to leave, you can than file an eviction action. You really need an attorney to assist you as you are all over the place in your fact pattern. The clerk will only help so far and they cannot give you legal advice.

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Answered on 6/17/15, 1:14 am


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