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  1. #1
    Join Date
    Aug 2017
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    2

    Question What Notice is Required to Evict a Guest

    My question involves landlord-tenant law in the State of: Florida

    I have a resident guest in my house who I want to leave, and who is not a tenant because there is no contractual agreement written or oral in which the guest provides some compensation for staying, and has not contributed to expenses (and especially not contributed with my consent). But definitely a resident, uses my house as mail address, has been there a few months, has a key to the house.

    So I think the procedure I need to follow is an "unlawful detainer" lawsuit, IF the guest doesn't leave on our agreed date.

    To start the process of evicting a tenant one has to give a 3 day or some such notice using the proper form to the tenant.

    Is there some notice form I need to give to the guest before the process can start ? I've already informed the guest of the exact date, in a few weeks, when their permission to stay is revoked.

    ******

    Some references I used and may help others to refresh their memory on this topic

    If the lady in your home has never paid you rent or contributed to your household expenses then you will need to file a law suit in county court for unlawful detainer.
    Another reference

    What is an “unlawful detainer”?

    An unlawful detainer is similar to an eviction in that it is a lawsuit that is requesting the court to award someone possession of a property. However, when filing an unlawful detainer it is important that there be no landlord-tenant relationship between the parties and that the defendant does not have an interest in the property. If there is a written agreement or rent has been paid, then the landlord must file for eviction. If there is not a landlord-tenant relationship, but there is the possibility that the Defendant may claim some right to the property, the owner should speak to a landlord-tenant attorney about possibly filing for ejectment.
    Also I found the forms I need to use, IF the guest doesn't leave on our agreed upon date

    https://floridalawhelp.org/files/3B1...structions.pdf

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Notice is Required to Evict a Guest

    Quote Quoting LoopDaLoop
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    ...no contractual agreement written or oral in which the guest provides some compensation for staying, and has not contributed to expenses (and especially not contributed with my consent).
    What does that mean? Are you stating that this person has contributed to the household in some manner, perhaps repeatedly? If so, explain.

  3. #3
    Join Date
    Aug 2017
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    2

    Default Re: What Notice is Required to Evict a Guest

    Quote Quoting Mr. Knowitall
    View Post
    What does that mean? Are you stating that this person has contributed to the household in some manner, perhaps repeatedly? If so, explain.
    it means guest may have done something he considered to be contributing to expenses but I had not agreed to accept this as compensation for him staying in my house. in fact he would have done it without even my permission because I didn't know about it in advance

    as an example, suppose guest did some work in the yard, cut the grass. I hadn't given permission and I certainly never said I would accept that as compensation for staying in my house.

  4. #4
    Join Date
    Nov 2013
    Posts
    672

    Default Re: What Notice is Required to Evict a Guest

    Have you spoken to the County Clerk? They can be helpful in deciding how to start. I don't know what County you're in, but Hillsborough County says this about filing;

    Complete the “Unlawful Detainer Complaint” and the “Unlawful Detainer Summons” forms. You are the Plaintiff and the person you want removed from your property is the Defendant. You will be given a Case Number and Division when you file the case with the County Clerk’s office. All completed forms are filed with the Clerk’s office, County Civil Division, 1st Floor, Room 103, George E. Edgecomb Courthouse, 800 East Twiggs Street, Tampa, FL 33602.
    STEP 2 - Notary
    Sign the “Unlawful Detainer Complaint” in front of a notary. The clerk’s office will notarize documents for a fee.
    STEP 3 -Make copies
    Make at least 2 copies of the completed Complaint and Summons (1 copy for you and 1 copy to be delivered to the Defendant). Copies can be obtained for a fee in the Court Business Center, on the 6th floor of the George Edgecomb Courthouse.
    STEP 4 - Filing your case
    Take the original Complaint and Summons to the County Clerk’s office. The Clerk will charge a filing fee. The Clerk will issue the Summons and give it back to you.
    STEP 5 - Notifying the other party (Defendant)
    The Summons must be served by either the Sheriff or a Certified Process Server. Take the Summons and one copy of the complaint to the Sheriff’s office and pay the fee to have the Defendant served. Hillsborough County Sheriff’s Civil Process is located at 700 Twiggs Street on the 3rd floor (across the street from the main courthouse). A non-refundable fee is required (only cash, cashier’s checks or money orders -- no personal checks).
    STEP 6 - After the Defendant is served
    After the Summons is served to the Defendant, the Defendant has five (5) working days to file a response regarding the case. (Do not count the day of service, Saturdays, Sundays or observed legal holidays.) After 5 working days have passed, the paperwork to complete the case may be filed.
    If the Defendant filed an answer, file a request for a hearing in the Clerk’s office. There is no form for this. You may use a plain piece of paper to write your request. Make sure you include the case number and the names of the parties. You will be notified by mail when the hearing is scheduled.
    If the Defendant did not file an answer, and is not in the military, complete the following forms and take them to the County Clerk’s office. (If the Defendant did not file an answer and is in the military, STOP HERE and consult an attorney.)
    a. Motion for Default & Default
    b. Non-Military Affidavit (must be notarized)
    c. Judgment for Possession (complete the heading only - names and case number)
    d. Writ of Possession (complete the heading only - names and case number)
    The Clerk will file your documents and take the Judgment for Possession to the Judge to be signed. Once the Judgment for Possession is signed by the Judge, the Clerk can issue the Writ of Possession. The Sheriff’s office charges a fee to execute the Writ of Possession and remove the Defendant.
    STEP BY STEP INSTRUCTIONS
    2013-03

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