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doublemint · Sep 30, 2013, 10:31 AM

We allowed a relative to spend a few days in our home while he was searching for employment. Since he used to live here, his driver's license displays our address, although he had lived elsewhere for over a year (due to an injunction we had against him). This "visit" began in early July. It is now October and he's still here. He steals from us, smokes in the house, has damaged our property, has guests all hours of the day and night and has broken in several times because we won't give him a key. His girlfriend and child live here with him. (The child was the reason we let him come in to begin with.)The sheriff says we must go through the regular eviction process. I can't believe I can't remove a thief from my home - that I can't simply trespass him. I live in Florida.

smoothy · Sep 30, 2013, 10:34 AM

You live in Florida.. count your blessings... because you only have to give him a 14 day notice to vacate there (in writing). Then you file with the court to have it enforced... then when you win.. the Sherrifs will remove him and his stuff and put it to the curb.

ScottGem · Sep 30, 2013, 11:44 AM

Believe it. You have allowed him to live in your home for almost three months. Enough to establish residency.

But, as Smoothy pointed out, you can give him 14 days notice to vacate. Your other choice, if you can prove he's stealing, is to have him arrested for theft.

AK lawyer · Sep 30, 2013, 12:13 PM

Apparently the sheriff believes that establishment of residency as you have described prevents you from "trespassing" him and his family. In my opinion, there is nothing to prevent you from changing the locks, however.

You cannot prove the theft to the sheriff's satisfaction, I assume? Because, if you could, obviously you could have him arrested for that.

See my discussion of this issue, for Florida, here.

catonsville · Sep 30, 2013, 12:31 PM

Can one claim they are a tenant without paying rent? I understand 3 months to claim residency might be legal.

AK lawyer · Sep 30, 2013, 12:33 PM

Originally Posted by catonsville

Can one claim they are a tenant without paying rent? I understand 3 months to claim residency might be legal.

They can make the claim there was some sort of agreement, yes.

ScottGem · Sep 30, 2013, 12:49 PM

Originally Posted by catonsville

Can one claim they are a tenant without paying rent? I understand 3 months to claim residency might be legal.

In my experience, paying rent is not a requirement for proving residence. Having ID listing the address, getting mail there, having belongings there. These and other factors would help prove residency. Once residency is established, the resident must be treated as a tenant in most matters. Since changing locks is considered an illegal eviction in most areas, it is better to not give the resident grounds for a lawsuit by changing the locks.

One thing strikes me about this case. The OP states they have not given the relative keys to the house. If that is the case, they could make a case for them not being a resident. And, if they enter the premises without a key, that could be considered breaking and entering which should get the police involved.