View Full Version : Unmarried "X" refuses to move out of my house
gadgeteer
Sep 9, 2008, 04:37 PM
The situation (in the state of FL):
92: Bought 1986 auto
96: Met X
09/97: X graduated in NY & moved in with me in Florida. X paid half the rent.
09/98: Bought a 99 auto & encouraged X to sell own car. Added X to my auto insurance & X began driving 96 auto. I started house hunting.
99: I bought the house. X & I moved into the house. Within months, X was unemployed & NEVER contributed money towards the mortgage or bills. The cable is in X's name, but the bill is paid directly from my credit card each month.
2001: I received 1996 auto as a gift. Gave 1986 auto to X's brother. X began driving 99 auto.
2001: Began providing X with health insurance as a domestic partner through my employment.
Since 2005: X unemployed except for summer employment out of state. X paid for most household food & items. X did most domestic chores. X is a primary caretaker for my 94YO grandma. Most of X's money during this time has come from my grandma.
2007: Bought 2008 auto with help from grandma, gave 1996 to my sister. X still driving 99 auto.
February 2008: I broke up with X & asked X to move out by June.
June 2008: we agreed to an open relationship.
July 2008: X left for 2 months & I got involved with someone else & told X on the phone that we were done. X asked me not to change anything in the house while X was gone, I agreed. Nothing was changed.
End of August 2008: X returned to the house. I asked X to move out. X refuses to move out. X refuses to accept that the relationship is over.
Need to know how to get X out of the house. Have offered to pay for a few months rent on an apartment for X. X doesn't want to accept anything. Just refuses to move. How do I legally force X out of the house?
twinkiedooter
Sep 9, 2008, 04:40 PM
Sinple. Formally evict her.
this8384
Sep 10, 2008, 02:19 PM
Is X's name on the mortgage? Can X prove that s/he has a right to reside in the house? If not, then you can call the police and have X removed as s/he is trespassing; however, this could lead to an uglier situation if you're not 100% positive that X will be removed by the police. If they have reasonable grounds to stay the house, then file an eviction.
JudyKayTee
Sep 11, 2008, 06:16 AM
The situation (in the state of FL):
92: Bought 1986 auto
96: Met X
09/97: X graduated in NY & moved in with me in Florida. X paid half the rent.
09/98: Bought a 99 auto & encouraged X to sell own car. Added X to my auto insurance & X began driving 96 auto. I started house hunting.
99: I bought the house. X & I moved into the house. Within months, X was unemployed & NEVER contributed money towards the mortgage or bills. The cable is in X's name, but the bill is paid directly from my credit card each month.
2001: I received 1996 auto as a gift. Gave 1986 auto to X's brother. X began driving 99 auto.
2001: Began providing X with health insurance as a domestic partner through my employment.
Since 2005: X unemployed except for summer employment out of state. X paid for most household food & items. X did most domestic chores. X is a primary caretaker for my 94YO grandma. Most of X's money during this time has come from my grandma.
2007: Bought 2008 auto with help from grandma, gave 1996 to my sister. X still driving 99 auto.
February 2008: I broke up with X & asked X to move out by June.
June 2008: we agreed to an open relationship.
July 2008: X left for 2 months & I got involved with someone else & told X on the phone that we were done. X asked me not to change anything in the house while X was gone, I agreed. Nothing was changed.
End of August 2008: X returned to the house. I asked X to move out. X refuses to move out. X refuses to accept that the relationship is over.
Need to know how to get X out of the house. Have offered to pay for a few months rent on an apartment for X. X doesn't want to accept anything. Just refuses to move. How do I legally force X out of the house?
Whose name is on the Deed? Who owns the house? Or did I miss that part - ?
gadgeteer
Sep 11, 2008, 06:24 AM
Whose name is on the Deed? Who owns the house? Or did I miss that part - ?
I own the house, the deed is in my name. It seems that in Florida, it is complicated when the person living in your house is not a tenant and there is no lease. Eviction doesn't fit the bill, but I don't know what to do. One attorney wants a $3500 retainer and then says it could cost more than twice that. Does this sound right?
JudyKayTee
Sep 11, 2008, 06:30 AM
I own the house, the deed is in my name. It seems that in Florida, it is complicated when the person living in your house is not a tenant and there is no lease. Eviction doesn't fit the bill, but I don't know what to do. One attorney wants a $3500 retainer and then says it could cost more than twice that. Does this sound right?
I've never heard you can't evict a roommate in Florida if it's not a landlord/tenant situation and this question has been posted a hundred times.
However - your Attorney is actually in Florida and presumably knows the law inside and out so I would believe what he/she said.
I just looked at the law and it refers only to landlord/tenant but I don't know why your roommate (which is all he is at this point) isn't legally considered to be a tenant.
Again - your Attorney is there and I am not.
I can't imagine this will cost $3,500 for Attorney's fees only. Is there also a question of joint property, contributions to the "marital" home, something like that involved - ?
gadgeteer
Sep 11, 2008, 08:50 AM
I've never heard you can't evict a roommate in Florida if it's not a landlord/tenant situation and this question has been posted a hundred times.
However - your Attorney is actually in Florida and presumably knows the law inside and out so I would believe what he/she said.
I just looked at the law and it refers only to landlord/tenant but I don't know why your roommate (which is all he is at this point) isn't legally considered to be a tenant.
Again - your Attorney is there and I am not.
I can't imagine this will cost $3,500 for Attorney's fees only. Is there also a question of joint property, contributions to the "marital" home, something like that involved - ?
I called the court today. I was told that I can NOT file to evict unless there is a landlord tenant agreement. Since there isn't, I can't. I was told again "it's complicated." I guess I can't do this without an attorney.
JudyKayTee
Sep 11, 2008, 08:53 AM
I called the court today. I was told that I can NOT file to evict unless there is a landlord tenant agreement. Since there isn't, I can't. I was told again "it's complicated." I guess I can't do this without an attorney.
Wow - good information to have. Amazing... but good.
this8384
Sep 12, 2008, 07:12 AM
If eviction isn't an option, I would call the police and tell them that X is trespassing and that you would like him/her escorted off your property.