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Girlfriend Walked Out Wants Everything

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  • 01-21-2009, 09:15 PM
    ChazMaz
    Girlfriend Walked Out Wants Everything
    My question involves a roommate in the State of: FLORIDA

    My ex girlfriend flew home to California. She called me and told me that she was not coming back. What I want to do is this. I will put her belongings in storage mail her a key. Return receipt. Have a restraining order put on her. I do not want her back on the premises. (1) If she shows up at the house with a police officer, do I have to let her or the officer in? I do not want to go into detail as to what is in storage also. I want to just say no matter what quest is asked; "what ever is hers in in storage". (2) Do I have to say any more? And if anything is said to the matter of fact that something is missing. I am assuming that I do not have to let her or the officer in. I am only accountable to the judge if she wishes to take this further. Since it is civil. Being calm and polite during this, do I have to worry about being arrested If I do not let her or the officer in.

    This is in Florida
  • 01-24-2009, 07:51 AM
    LawResearcherMissy
    Re: Girlfriend Walked Out Wants Everything
    Quote:

    If she shows up at the house with a police officer, do I have to let her or the officer in?
    Do you own the home or rent it? If you rent it, is she on the lease? If you own it, was she receiving mail there (thus establishing legal residency)?

    If she is on the lease, you must let her in to retrieve her belongings. If you own the home and she had established residency, you need to initiate formal eviction proceedings before you can deny her entry.

    With respect to a restraining order, you'll have to have a good reason for it. "She left me" is usually not enough to have an RO granted.
  • 01-24-2009, 08:03 AM
    aaron
    Re: Girlfriend Walked Out Wants Everything
    If she has announced that she is "not coming back", you have an argument that she has abandoned her residence, such that you don't need to evict her. The question is, what happens if she shows up and tries to get back in, or claims that you wrongfully removed, damaged or lost her belongings - in those contexts, the eviction order can help you defend against her claims.
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