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Serve a notice to quit: If you cannot reach an agreement with the occupant, you must serve a notice to quit. This legal document informs the occupant that they must vacate the property by a specific date. In Massachusetts, the notice period varies depending on the reason for the eviction.
Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked.
To evict the tenant without going to court, you must give 'reasonable notice', either verbally or in writing. This is usually the regular period of rent payments; for example, if they pay rent monthly, the notice can be a month.
Call the police. You might also consider getting a restraining order or a domestic violence protection order that prohibits that person from having any contact with you. For additional assistance, contact a domestic violence prevention organization or check out these victim resources.
Ultimately, a family member can evict another family member. If duties of support exist between the parties, then more likely than not, you will have to bring an ejectment action in the Supreme Court to evict the family member.
If your rent is not paid, the money owed is called 'rent arrears'. Rent arrears are 'priority debts', which means the consequences of not dealing with them are serious - there is a risk of eviction.
After You've Served Notice If your tenant refuses to move out then the next step is to go to court. If you win the family member can have as much as 28 days in which to pack their belongings and leave. If he or she still doesn't move then you'll need to obtain a warrant for possession and get bailiffs involved.
You should talk to an adviser if you need advice about the home you left - for example, if you have a mortgage or you're on the tenancy agreement. If you urgently need your ex-partner to move out, you can ask the court to decide who stays in the home - this is called an 'occupation order'.