How to evict a guest?

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How to evict a guest?

I allowed a woman to move into my home 9 months ago along with my husband’s mother and brother. She brought 3 large dogs with her tht belong to her ex-boyfriend. He ended up in jail so she was looking after them for him. I know that I can’t just throw her out even though she is not paying rent nor helping with the bills but is there a way to get the dogs out? We have to keep 1 of hers away from my mother-in-law’s small dog or it could kill her. And they are barking because they have to be locked up. My husband and I get up early to go to work and it is getting hard to get a good nights sleep. My health is not good; I have been in and out of the hospital so I can’t handle the stress.

Asked on September 17, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can't get rid of the dogs without getting rid of her--but you can get rid  of her, or threaten to get rid of her if you won't get  rid of the dogs, and then proceed to get rid of her if she won't remove them. A guest can only remain so long as she has the permission of the property owner or lawful tenant (you). You may revoke that permission at any time, or condition remaining on a change in how she is living with you (i.e. no dogs). If a guest will not leave when the people with lawful possession tell her to, they may bring an ejectment action to remove her--"ejectment" is essentially eviction of non-tenants. If it comes to that, you are advised to retain an attorney and let the lawyer bring the action for you. Good luck.


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