Legal Question in Real Estate Law in Florida

Evicting an exboyfriend, no lease

My ex and I lived in a house that I own solely. I have an ord of protection against him but they won't name that property in the injunction since I'm living at my other house. What forms do I use to properly and legally evict him. There is no lease and he has never made a mortgage payment but I'm being told that the eviction for an ex boyfriend/roomate differs from the regular non paying tenant process. Please help! Thanks


Asked on 7/03/07, 12:39 pm

3 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Evicting an exboyfriend, no lease

You will most likely have to do an "ejectment" action.

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Answered on 7/03/07, 2:26 pm
David Slater David P. Slater, Esq.

Re: Evicting an exboyfriend, no lease

since he was never a tenant, an action in ejectment is the remedy. i suggest you retain counsel. Good luck.

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Answered on 7/03/07, 3:47 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Evicting an exboyfriend, no lease

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While an eviction suit might be allowed by some judges, the proper remedy is to file a suit for ejectment under Chapter 66 of the Florida Statutes.

Generally speaking, the elements to be proven in an

action for ejectment are "that (1) the plaintiff has title to

the land, (2) the plaintiff has been wrongfully dispossessed or

ousted, and (3) the plaintiff has suffered damages." Black's

Law Dictionary 556 (8th ed.2004).

Scott R. Jay, Esq.

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Answered on 7/03/07, 4:52 pm


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