What to do if my adult daughter refuses to leave my home?
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What to do if my adult daughter refuses to leave my home?
She is a non-paying
Asked on June 23, 2016 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Since your daughter is not paying rent (or I assume any form of rent such as utilities, groceries, etc.), legally she is not considered to be a formal tenant. That having been said, since she was given permission to reside on the property at some point, she will be considered a guest or "licensee". Accordingly, you will need to bring an action for "ejectment". This is like an eviction but for a non-tenant. You will still need to give formal notice to vacate and follow all legal steps for doing so. If she still refuses to leave, then you'll need to file for the action, get a court order in your favor, and then have the sheriff's officers, etc. remove her, by force if necessary. For specific details, you should consult with an attorney who practices landlord-tenant law in your area who can best advise you further. You can also google for information; most states have websites that can direct you on the process.
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