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msjekyll · Sep 7, 2011, 08:22 AM

My boyfriend has lived with me for 3 years in my condo in Pinellas County FL. He is not on the mortgage. He receives mail here. His drivers lic and all doc hold this address. I am afraid he will sell or damage my property if I try to legally evict him and cannot be here to protect my good while I am at work. His name is on none of the utilities. We have two vehicles, both are in my name, one with a lien in my name. His name is on the insurance to drive them both. I have his tax documents that show from 3 yrs ago to now we have had approx the same income. I also have bank statements that show he has not contributed more than 30% to our household. Also all credit incurred bill are in my name and we have joint(in my name) debt of $20,000+. I do not want anything but to remove him from my property. I can pay all joint bills. But he is asking me for $5000 to leave. This is ridiculous and I am afraid of the eviction process in FL. Should I get an attorney, and would this get him physically out of my residence faster? Thanks in advance.

excon · Sep 7, 2011, 08:29 AM

Originally Posted by msjekyll

This is ridiculous and I am afraid of the eviction process in FL. Should I get an attorney, and would this get him physically out of my residence faster?

Hello ms:

Your lawyer can't evict him any faster than you could, ASSUMING that you're efficient. It ISN'T going to happen for 6 or 7 weeks, though. You need to start with a written notice to vacate before you can start the legal proceedings.

If you PUT him out, he can sue you for an illegal eviction, and he might win a couple months rent... THAT might be cheaper than him stealing all your things... Do you know somebody who will PUT him out?

excon

TALinMO · Sep 12, 2011, 08:52 PM

Dear msjekyl,
I know nothing about FL law, but up here in Missouri if you are in fear of your life, have been threatened bodily harm, physically abused or stalked by him you have every right to file for an Ex Parte Order. Upon serving him these papers by law enforcement or process server, he will be kicked out of the residence. You will have a court hearing to go to in 2-4 weeks after him being served to get the chance to get a full restraining order for a year. This not only gets him out of the house, but offers some protection for you against him hurting you if that is what you are fearful of. (at least there is a paper trail) I wish you all the best and hope things work out in your favor.
T in MO

ScottGem · Sep 13, 2011, 03:42 AM

I assume he does not have a lease. That makes him a periodic (month to Month) tenant. Florida law allows you to give him a 14 day notice to vacate. But that's as fast as you are going to do it. Unless there has been evidence of physical abuse and violence, I doubt if you will get a restraining order against him.

As for protecting your goods, here's how you protect your things. First, make a video and photographic record of all your belongings. Since he knows you want him out, I would do this when he isn't around, but if he asks, you tell him you are doing it for insurance purposes. Next, anything valuable or irreplaceable, place in storage or with a friend, get it out of his reach.

Then serve him with the 14 day notice. If he asks for the $5K again. Tell him you will file for eviction if he does not leave. And how does he think an eviction will help him get new housing. Remember this is not some anonymous person. You know where he works, you know where he banks. If he does damage any of your property, you sue him. That's where the photographic record comes in.

Fr_Chuck · Sep 13, 2011, 04:41 AM

First who is on the loan of the property has no bearing, you did not say if he was on the DEED or not, but I will assume no. He can not sell the cars unless he is on the TITLE of the cars.

But what bills of the house he is on, what bills he pays or what he pays toward the bills means nothing. He is living there and has for several years.

You are going to have to evict him. If and only if he starts to sell or still your things you can file theft charges with the police. You may have to lock all the very expensive things up in one bedroom and lock that door.

I will assume he is already sleeping in another bedroom and only has "use" of public areas of the home.