[knicelr]

My daughter has a boyfriend that has been living in her apartment for over a year. My daughter wants to breakup with the boyfriend and have him move out. His name is not on the lease my daughter signed. The boyfriend is claiming "squatters right" because he has mail delivered to the apartment address. Does Florida law allow the boyfriend to claim "squatters rights". My research on the web does not indicate that he has any protection under "squatters rights". My daughter lives in the State of Florida. Can the boyfriend be given notice to vacate the premises? If he choses not to leave can he be arrested for trespass?

[LisaB4657]

I moved your question to a new thread because you added it to a thread that was 4 years old. This way others will see it.

There is no such thing as squatters' rights. Your daughter's soon-to-be-ex boyfriend is a resident and must be treated like a month-to-month tenant. That means she has to give him a written notice that he has 15 days to move out. If he doesn't move out within those 15 days then she has to file a lawsuit to evict him.

(Even though she is a tenant, he is considered a subtenant and she is his sublandlord. That's what gives her the right to evict him.)

Since he is considered a resident the police will not remove him for trespassing. She has to go through the courts to get him out.

[ScottGem]

Squatters rights is an often misused term and the boyfriend is misusing it. But he is right that because he gets mail there and can prove its his primary residence he does have rights. He has the right of any tenant on a month to month tenancy. But that also gives your daughter the rights of a landlord. That gives her the right to give him a 15 day notice to vacate. That gives her the right to go to court and obtain an eviction order to force him to vacate. And once she gets the eviction order, if he still doesn't vacate, she can hire a sheriff to physically remove him.