How to Remove a House Guest

[lifeisequal]

My question involves an eviction in the state of: Florida

My daughter has been staying in my home for the past 2 months and my home is currently her mailing address. I understand that she is considered a resident, not a guest. But her husband (he must live in another county due to legal reasons) was allowed to visit for the weekend and now he will not leave. He has been here for 4 days. I need him removed from my home as he is causing problems in the home. He and my daughter are binge drinking and becoming violent and are out of control. I would also like information on how to go about removing my daughter from my home as well. Thanks for any help!

[jk]

you call the police on the guy and you evict your daughter if she will not leave willingly.

[lifeisequal]

I was told by someone who works for the sherrif's office that I must evict him as well because he has spent the night at my house. Is this true? Or can I just call to have him removed?

[jk]

I was told by someone who works for the sherrif's office that I must evict him as well because he has spent the night at my house. Is this true? Or can I just call to have him removed?

no. He is not a tenant. He was a guest and is obviously no longer welcome as a guest. At that point, he becomes a trespasser. You did not let him stay there with intent that would be his residence.



and it the two causing all the problems become violent with each other., you could call the police for a domestic violence complaint.

[justtoonice]

I was told by someone who works for the sherrif's office that I must evict him as well because he has spent the night at my house. Is this true? Or can I just call to have him removed?

This is what I was told by a clerk at the State's office -- yes, that is Florida Law. You must go through the eviction processs.

Few people know that in Florida, if you stay even one night, you are then a tenant, even if you're not paying rent. Shocking.

[jk]

This is what I was told by a clerk at the State's office -- yes, that is Florida Law. You must go through the eviction processs.

Few people know that in Florida, if you stay even one night, you are then a tenant, even if you're not paying rent. Shocking.

post the law. One night does not establish a tenancy, especially when there is no intent to establish a tenancy.

[justtoonice]

post the law. One night does not establish a tenancy, especially when there is no intent to establish a tenancy.

One year ago, I called the State's office. The person there insisted that one night is a tenancy, even if the person also has another legal residence.

I am now looking over the Florida Statutes and do not see anything specific on that. I just got off the phone again with the State's office, and this operator says that questions regarding law must be asked of an attorney, as that is considered legal advice, and refused to answer any question. And yes, this "refuse to answer" policy was put in place in the last year.

[jk]

If you can find anything of the sort I'll eat the crow but claiming a tenancy is established by staying one night, as a guest, is beyond plausible.

maybe they now have a refuse to answer policy because people were giving out incorrect information.

[525601minutes]

(he must live in another county due to legal reasons)

even more evidence that he was not your tenant.
he is trespassing.

[justtoonice]

Now, on closer inspection, I can see where one night equals tenancy.
The homeowner has provided use and occupancy of premises for a duration of less than 1 year.



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CHAPTER 83 LANDLORD AND TENANT



PART II RESIDENTIAL TENANCIES

(ss. 83.40-83.682)


83.43 Definitions


(4) "Tenant" means any person entitled to occupy a dwelling unit under a rental agreement.

(7) "Rental agreement" means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.



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Question:
Can a houseguest be identified as a "transient occupant"?


83.42 Exclusions from application of part.--This part does not apply to:

(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.

83.43 Definitions

(10) "Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary.