Legal Question in Real Estate Law in Florida

I live in New York and need to evict my son's wife who lives in my Florida home.

Long story short, won't get into personal details but I have to get her out, my son needs the place. He left the home they shared together in Florida which is owned by me and now he wants it back.

I own the house and it is under my name, mortgage is paid.

Do I have to travel to Florida or can I do it from NY. Will I need an attorney for an eviction or can my son do this on my behalf.

Thank you in advance


Asked on 7/06/16, 7:35 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney. you don't likely have to travel to Florida. You may need someone to testify here about the rental if she objects and pays rent into the Court registry. If the lease can be terminated, it may take longer but it may involve no testimony. Contact an attorney in the County where the property is located

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Answered on 7/06/16, 10:02 am
David Slater David P. Slater, Esq.

Is there a lease? If not, you will need to bring an action in ejectment as she would not be considered a tenant. Since you are the owner, you must bring the action. Your appearance may not be necessary if the judge permits you testify by phone.

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Answered on 7/06/16, 10:47 am


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