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TotallyConfusedMom · Mar 10, 2010, 10:06 PM

Hello, I am in Florida & need to evict my 19yr old daughter. She will not get a job or go to school. She sleeps all day & "runs around" all night. She allowed her boyfriend & his friends to come into my home & threaten me as well as another person visiting in my home. I called the Sheriff & he told me the only way to get her out was to evict her. He also told me that as long as she lives here she can have whomever she wants, whenever she wants come into my home. I don't want these people in my home or on my property. She has been running off & coming back since she was 15yrs old & I was told I could not turn her out. Now that she is 19 I have to evict her. Can anyone PLEASE HELP ME?!

TotallyConfusedMom · Mar 10, 2010, 10:09 PM

Hello, I am in Florida & need to evict my 19yr old daughter. She does not pay rent, utilities or buy groceries. She will not get a job or go to school. She sleeps all day & "runs around" all night. She allowed her boyfriend & his friends to come into my home & threaten me as well as another person visiting in my home. I called the Sheriff & he told me the only way to get her out was to evict her. He also told me that as long as she lives here she can have whomever she wants, whenever she wants come into my home. I don't want these people in my home or on my property. She has been running off & coming back since she was 15yrs old & I was told I could not turn her out. Now that she is 19 I have to evict her. Can anyone PLEASE HELP ME?!

lea_09 · Mar 10, 2010, 10:45 PM

File a report. Get a lawyer and I would suspect you would have to go to court. I would talk to a specialist about this. I mean have you talked to her about this? I would try to change her views of who is the boss because unfortunately she thinks she is the boss. I am 19 also and I wish I can do what she does every once in awhile, but my parents are strict. I turn 20 in less than 6 months and my curfew is still 11 pm on weekends. The best thing for you to do is talk to her and lay the rules. Do the 3 strikes your out and boot her out. She is an adult. You can box up her stuff and leave it in the street and lock your door. She can not break in. It is destroying property and you can also take her to court for attempt of breaking and entering. It is up to you and I do feel you are at the last nerve on her.

juggalo2442 · Mar 10, 2010, 11:11 PM

She is 19 you can kick her out. Tell her to get off her but and get a job and find a house then give her a time and if not out by then take her stuff out and if comes back call cops because if u threw her out she has to get out if she needs help help her but don't help her too much give her money if she needs but not too much and don't say no for a answer.

juggalo2442 · Mar 10, 2010, 11:17 PM

Originally Posted by lea_09

File a report. Get a lawyer and I would suspect you would have to go to court. I would talk to a specialist about this. I mean have you talked to her about this? I would try to change her views of who is the boss because unfortunately she thinks she is the boss. I am 19 also and I wish I can do what she does every once in awhile, but my parents are strict. I turn 20 in less than 6 months and my curfew is still 11 pm on weekends. The best thing for you to do is talk to her and lay the rules. Do the 3 strikes your out and boot her out. She is an adult. You can box up her stuff and leave it in the street and lock your door. She can not break in. It is destroying property and you can also take her to court for attempt of breaking and entering. It is up to you and I do feel you are at the last nerve on her.

Lol I'm 14 and I have a 11 o'clock curfew and that's funny to me and u should lay down some rules

Clough · Mar 11, 2010, 03:58 AM

Hi, TotallyConfusedMom!

What has she said when you've confronted her with the issue, please? That is, I'm assuming that you've confronted her about what she needs to do.

Thanks!

excon · Mar 11, 2010, 06:37 AM

Hello mom:

Give her a written 30 day notice to vacate. If she doesn't leave, you need to file an eviction lawsuit in your local court. It's cheap and simple.

excon

ScottGem · Mar 12, 2010, 05:12 AM

She is a resident in your home. She gets her mail there, she has belongings there. Therefore she qualifies as a resident. That means she just can't be kicked out or locked out. That would constitute an illegal eviction and open you up for a lawsuit. At the very least, she gets the police, shows them ID that she lives there and they will force you to let her back in.

I believe she and the sheriff is wrong, however, in stating that she can have anyone she wants in the house. Its your property and you can establish rules. The problem is enforcing those rules. If she comes home with someone, you would have to stand at the door and refuse to admit them. You can but up a chain on the door, but that doesn't help if you aren't at home. It also means confrontation. And if the police won't support you, then its best just to go for the eviction.

Since she has no lease and there is no agreement to pay rent, you can serve her with a 14 day Termination of tenancy. This is covered under Florida Law Chapter 83. If she does not vacate within the 14 days. You will need to file a complaint with the local housing court. A hearing will be scheduled and an eviction order issued. If she is still not out by the deadline, then you get a writ of possession from the court and a sheriff will execute it and physically remove her. Then you get a locksmith and change the locks.

This search has many sites with info for you:
florida eviction month to month tenant - Google Search

ScottGem · Mar 12, 2010, 05:04 PM

Comments on this post
lea_09 disagrees : Just because she gets her mail there it does not mean a thing. I have heard about boys getting kicked out at 11 yrs. Old. And you're saying kicking an adult out that doesn't pay rent out is wrong?

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

This is posted in a legal forum. Therefore, answers here need to conform to statutory law. Under real estate law in Florida (as well as all US states). Once a person establishes residence (and there are several criteria for establishing residence) they cannot be summarily thrown out. I'm not talking about right or wrong, I'm talking about what's legal and illegal. And throwing an 11 year old out of the house would also be illegal. It would be considered child abandonment at the very least. If such a child was found and told police that he had been thrown out, the parents would be arrested. So frankly, I don't believe that happened.

That's why I gave you a negative comment, because you were giving incorrect advice. On the other hand, my response was legally correct. Therefore, your disagreeing with me appears to be out of revenge, not a correction of fact. Such behavior is not allowed here.