Legal Question in Real Estate Law in Florida
rights of a visiting sibling
My sister came to visit my mother in a home that I own. She would not leave, so I put her belongings out on the front door step. She called the police and they advised me that I would have to legally evict her according to Florida law. Is that correct?
2 Answers from Attorneys
Re: rights of a visiting sibling
Yes. Once she was permitted in, it becomes a dispute to be resolved in court.
Re: rights of a visiting sibling
In family law, we see the police improperly practice law all the time. That happened in your case. The police were not correct. Under Florida law, no tenancy arose as long as you made it clear your sister was only visiting. (If, for instance, she sold her house and moved in all her stuff, your case might be different.)
Nevertheless, if the police won't back you up, what can you do? You have no choice but to file an eviction.
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