Legal Question in Landlord & Tenant Law in Florida

Can the landlord charge me with Trespassing if I actually live here or is it the same process as the eviction?

Question:I moved in with my boyfriend, he has been arrested for child support; I am not on

the lease, does the landlord have to legally evict me with written notice?

Florida | Landlord & Tenants

07/24/09, 10:25 am:

Answer (1 of 1) If you pay the rent, the landlord may not evict you, but if the landlord

does evict you, it must be through legal process

Asked on 7/24/09, 12:01 pm

1 Answer from Attorneys

Euribiades Cerrud II The PCB Firm, P.A.

Technically, since you are not married, you would need to be in the lease to have any rights against the landlord. Otherwise, the landlord may call the police and have them remove you from the property and issue a notice of trespassing. If he call the police to remove you after you have been given that notice, they may charge you and arrest you.

I would advise you to get your boyfriend to add you to the lease so that you have the right of possession and quiet enjoyment as a tenant legally on the premises. As a weaker alternative, you should get some kind of written notice with USPS return receipt and/or certified mail to the landlord informing the landlord that you are an invitee of the tenant. But, the lease or the regulations may not allow it. Check the lease and regulations first.

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Answered on 7/24/09, 4:34 pm

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