Legal Question in Real Estate Law in Florida

I want to evict my exgirlfriend from my house. The house is in my name only. I have moved out because we were not getting along and she refused to leave. All the eviction forms I have seen ask how much rent is past due. There was never a lease or agreement made. I just want her out so I can sell the home

Asked on 8/29/13, 10:04 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary
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You need to terminate the lease. Statutory notice has to be given. Probably best to give her 45 days notice. You could file an ejectment action, but it is much more complicated and expensive. Seek legal advice.

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Answered on 8/29/13, 10:55 am
Byron Petersen Byron G. Petersen P.A.
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Just a few hours ago I came off a two day trial on Florida's West Coast on this precise/exact issue. Spooky!

You should not pursue an eviction. An eviction requires an underlying agreement for the "tenant" to pay rent (just what you already think).

You need to file an Ejectment Action (it is statutory). It is brought in Circuit Court, not County Court. There is no set number of days for your ex to leave. But you must make demand that she leave (I would tape your demand to the door and send her a copy by regular mail and a copy by certified mail). Be professional and cordial. Judges don't like nasty grams from Plaintiffs. Of course, the more days you give her to vacate the fairer you may look in the judge's eyes. Also there is a form for Ejectment at the back of the Florida Rules of Civil Procedure (rules which are easily found online).

There is the possibility of a county court action for unlawful detainer. However, I think this is very risky and should be avoided. How "county court" unlawful detainer compares to "circuit court" ejectment is too complicated for most attorneys and many judges. Ejectment is the safer, less risky way to proceed. One thing is absolutely mandatory in a circuit court ejectment action: You must attach certified copies of your deed and you should also attach a statement from the recording office that the public records do not disclose any disposition by you between the time you took ownership of the premises and the date of your complaint in ejectment. I suggest that proof(s) of no conveyance after you became the owner is necessary because you are required to attach and prove up (through Request for Judicial Notice- See Florida Evidence Code, easily found online) a "CHAIN" of title.

This is not a legal opinion. Please do not rely on it. You need to formally engage counsel for advice or talk to your local Legal Services. Good Luck, Byron Petersen

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Answered on 8/29/13, 6:25 pm

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