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    traumanrse34's Avatar
    traumanrse34 Posts: 1, Reputation: 1
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    #1

    Jul 20, 2009, 05:31 AM
    Can I tell a "roommate" to get out?
    I have never been in this situation before so I had to reach out for help... my family and I have recently moved to a new home which we rent... a "friend" boyfriend lost his home and needed a place to stay... we offered him our spare room and we would talk about the financial aspect of the room when he was on his feet( I believe in helping when I can) he has been in our home for 2 weeks and it has been nothing short of a nightmare! Last night I told him to get out for I found something in his room (by accident I walked through his room to get to laundry)i do NOT want my daughters to be around... I told him OUT!! He said he does not have to this is his home too!! WHAT?! He is NOT on the lease.. has paid me nothing and all I want is him to LEAVE!! Can I really tell him to get out or do I have to do this in a legal fashion!! THANK U SOOOO MUCH!! (I live in Florida if that makes a difference) HAVE A GREAT DAY!!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 20, 2009, 05:58 AM

    Once you let someone move in it IS their residence. You have to formally evict him now. I have even heard police tell people that once someone even spends one night they can be considered a resident if they say they are.
    You have to give him a written notice *3 to 15 days and the if he doesn't leave within the days you then have to go file at small claims. They will send him another eviction notice for the same amount of days. Then if he still doesn't leave the sheriff will escort him out.

    *I read on one law site that the they give a 3 day notice but I do believe it is more like 15 day written notice you would have to give before going to court.

    *** I looked it up more and 3 day eviction is for non payment of rent. You agreed to no rent for awhile so you need to go with the 15 day eviction to be on the safe side... unless you find out different.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 20, 2009, 06:11 AM

    "Nohelp" is right - eviction is the only solution. Here is the procedure for Florida: Guidelines for Florida Residential Eviction
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 20, 2009, 06:19 AM

    This is borderline. Two weeks is close. If you live in a small town, your police might help. If what you found is illegal, that would make them more interested in helping. Also check with your local housing court.

    The problem here is that, if you just throw him out, he can fight and might win and that's something you don't want to risk.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jul 20, 2009, 11:47 AM
    Quote Originally Posted by traumanrse34 View Post
    can i really tell him to get out or do i have to do this in a legal fashion [?]
    You can tell him to leave. But if he refuses, as he has, you have to take other measures.

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