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Context: Florida, USA

I have a guest at my house who was supposed to leave after two weeks, but it has been months. They do not pay rent, or offer anything in exchange for being allowed to stay. We have an agreed upon final move out date, but considering they failed to move out the last 3 times we set a date, I want something legal and immediately enforceable if they don't move out this time.

They have agreed to sign a notarized move out agreement, but I want to be sure that the agreement is immediately enforceable + severe.

If I include that by breaking the contract, they will be trespassing if they are ever on my property, do I still need to go through the Unlawful Detainer process?

Also to show I'm serious this time, I want to include something that gives me permission to make their life hell if this agreement broken ($10-100k violation penalty or something), but I'm worried that including such an item might allow it to be thrown out as an unreasonable agreement in the case it has to go to court.

In short, what do I need to make sure is stated in this agreement, and what is the best way to make sure breaking this agreement is the worst mistake they can ever make?

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To put it as nicely as possible, you're not being very smart by threatening to make the house guest's predicament the worst mistake they ever made. Drawing up a notarized contract with a financial penalty is ludicrous and likely simply illegal in terms of contracting for something that is against the law. Beyond that, any threats you make to against house guest could be grounds for them to file a civil suit against you, either for eviction or physical harm, and you'll end up in court rather than simply getting the house guest to leave.

An Unlawful Detainer applies if there is verbal or written lease, and as such you would have to go through the formal eviction process. But if this is a simple house guest issue, with no lease or rental agreement in the past, and they are not a family member with some legal right to be in the house, law enforcement is the way to deal with it.

It's very simple: set a move out date and say you will call the police or county sheriff if they don't move out on that date.

If they don't leave and you do call the police or sheriff, simply say you have a house guest who won't leave, i.e. a trespasser. Law enforcement will come out and you will explain the story; they will likely make the determination that you are the property owner and the guest is indeed not welcome. Law enforcement will tell the guest to leave or be arrested, as per Florida Law - Chapter 810.

You can call the police or county sheriff ahead of the move out date and determine the appropriate laws; and get advice on what you might need to do on the actual move out day.

If the house guest has property, law enforcement will stand by at that time while they retrieve their property, or make arrangements for them get it at a later date, with or without law enforcement.

  • So far, my only actual threat has been to call the police for trespassing if they don't respect this final move out date, but they are convinced that because they overstayed their welcome, that somehow that grants them protection from being thrown out. So The main idea with the notary is to convince them that I can remove them immediately if they don't take the deadline seriously. – Tezra Mar 6 at 22:50
  • Also, according to this link, "Unlawful detainer applies when... There is no lease or rental agreement and no landlord/tenant relationship." – Tezra Mar 6 at 22:50

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