Recently a court in New York ruled a couple’s 30-year-old son must move out. Most children will eventually leave the nest voluntarily, but sometimes situations such as the one in New York occur and a child or other family member must be forced to leave. If you are located in Florida and you have a similar situation, here are a few things you should know.
In order to file an eviction in Florida, there must be a valid rental agreement (either in writing or in writing). In short, you must be receiving rent. If this is the case, then an Eviction is most likely appropriate and the matter is straightforward. But what if you let your kid live at home for free? As previously discussed in one of our previous blogs, in a situation such as this, you would probably need to file an Unlawful Detainer action instead of an eviction (and in some instances what is known as an ejectment, but that will be discussed in a different blog post).
An important similarity between an Eviction and an Unlawful Detainer is both are entitled to a summary procedure described in § 51.011 of the Florida Statutes. This section establishes a much quicker process than a standard lawsuit. The purpose is to allow parties to quickly determine rights to real property so a rightful owner will not be displaced from their own property.
Aside from the presence of a rental agreement, there are several differences between an Eviction and an Unlawful Detainer. First, eviction actions are covered by Chapter 83 of the Florida States while unlawful detainer actions are covered by Chapter 82. Another major difference is that in an unlawful detainer action, the person who is refusing to leave may be liable for up to two times the monthly rental value of the property, calculated from the date the person is no longer a welcomed guest.
If you are having trouble getting your children, another family member, or other unwanted guests out of your home, our experienced Orlando Eviction Lawyers and Orlando Unlawful Detainer Lawyers are here to help. Give Mosaic Law Firm a call today at 407-675-3249 or 202-508-6749 to discuss your matter.