Someone told me that if my ex doesn't want to leave the cop can't do anything. All the cop can do is suggest is for my ex not to stay there that night to avoid any problems but, they can not make him leave even though I am the owner of the property. He doesn't appear in any of the documents for the apt. He has to be evicted instead. Is that true? I live in Florida. I thought I had the right to tell him to leave whenever I want and call the cops without having to go to court. Please advice..
2007-11-19 05:19:01 · 10 answers · asked by ME 3 in Politics & Government ➔ Law & Ethics
Of course you have every right to tell him to leave your private property. If he doesn't leave, he is trespassing and you should call the cops. If he doesn't live there and there are no documents saying he does, he has to leave. You don't even need a reason; he is trespassing and you don't want him there. The cops will respond. May have to remove him by force, if needed.
2007-11-19 05:36:00 · answer #1 · answered by slobberknocker_usa 7 · 1⤊ 1⤋
If he has been living there with you, yes, he is a legal resident and you have to have him evicted, the same as if he was a tennant paying rent to you as the land lady. You cannot simply throw someone out with due process if they have been living there, you have to go through eviction procedures. If he didn't live there, and had his own place, you could have him removed for trespassing whenever you wanted, but if he has lived there, even if his name isn't on the apartment, he has legal rights. He has no right to say the apartment is his and you should leave, since it is your name on it and not his, but he has the legal right to stay there until evicted.
2007-11-19 05:28:24 · answer #2 · answered by theseeker4 5 · 1⤊ 0⤋
You need to file for an eviction. Since he has been living there, he now has "rights" under the law. Seems silly but I think the law made it this way due to couples living together and when one gets mad, they call the police to get the other one thrown out. It now covers anyone who has been living in the residence.
2007-11-19 05:41:17 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
you have to go to court to get an eviction notice. You cannot just take someone out of his home like that.
2007-11-19 05:24:18 · answer #4 · answered by Daisy 3 · 2⤊ 0⤋
If he has anything like mail or even a catalog addressed to him you cannot kick him out. He can be removed for a night but it can turn out that you are the person removed.
2007-11-19 05:59:47 · answer #5 · answered by jackson 7 · 1⤊ 0⤋
unfortunately, in florida you have to file an eviction notice and wait 30 days...
2007-11-19 05:29:04 · answer #6 · answered by palefacetsw 2 · 1⤊ 0⤋
In most places, if he can prove that he has established recidence there, then yes, you might have to go through legal channels to get him removed from the property.
2007-11-19 05:23:44 · answer #7 · answered by Anonymous · 3⤊ 0⤋
Im pretty sure that if your name is on the lease then all you have to do is call the police and tell them that he is a danger to you and they will make him leave
2007-11-19 05:28:05 · answer #8 · answered by Anonymous · 1⤊ 2⤋
I would think if his name is not on the lease he has no legal recourse for staying. It seems I recall seeing that in an episode of COPS.
I love that redneck show.
2007-11-19 05:24:28 · answer #9 · answered by One eyed pirate 3 · 1⤊ 2⤋
i think only if hes hurting u
2007-11-19 05:27:55 · answer #10 · answered by sammi 7 · 0⤊ 0⤋