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?

Sinple. Formally evict her.

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.

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Originally Posted by gadgeteer

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?

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Whose name is on the Deed? Who owns the house? Or did I miss that part - ?

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Originally Posted by JudyKayTee

Whose name is on the Deed? Who owns the house? Or did I miss that part - ?

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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?

Quote:

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Originally Posted by gadgeteer

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?

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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 - ?

Quote:

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Originally Posted by JudyKayTee

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 - ?

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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.

Quote:

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Originally Posted by gadgeteer

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.

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Wow - good information to have. Amazing... but good.

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.