Abusive Boyfriend won't move out

[Murdock55]

What is the name of your state (only U.S. law)? Florida. This one's a dosey. My mother is in the hospital and has been there for over a month. She has been found Incompetent. I have a Durable Power of Atty. Her boyfriend(?) is living in her home. My problem is he won't move out. The Doctors have told me there is abuse happening and will not release her from the hospital till he is out of her house. She wants him out. He owes my mother about $7000 and does not pay anything he was supposed to pay. He was supposed to pay the utilities. There's no lease between him and my mother. I took my Mother's car from him yesterday, with the Sheriff department involved. This is in Vero, Fl. The Sherrif made a comment that I can kiss the house goodbye cause he's gonna tear it up. The Sheriff also told me not to go into the house unless he says I can. I asked them to go in with me so I can take pictures before he does any damage. The Sheriff said we couldn't go in unless he, the free loader give consent. I need this guy out of my mother's house so I can bring her home. I will be moving in with her to take care of her. What do I do? The laws protect him it looks like. What about my mother's rights when it comes to her own home? Please any advise would be appreciated. I've been told so many different things and don't know where to start to get this guy out of there.

Thank you very much to anyone who has advice.

[IsabellaSoriano]

Originally Posted by Murdock55

What is the name of your state (only U.S. law)? Florida. This one's a dosey. My mother is in the hospital and has been there for over a month. She has been found Incompetent. I have a Durable Power of Atty. Her boyfriend(?) is living in her home. My problem is he won't move out. The Doctors have told me there is abuse happening and will not release her from the hospital till he is out of her house. She wants him out. He owes my mother about $7000 and does not pay anything he was supposed to pay. He was supposed to pay the utilities. There's no lease between him and my mother. I took my Mother's car from him yesterday, with the Sheriff department involved. This is in Vero, Fl. The Sherrif made a comment that I can kiss the house goodbye cause he's gonna tear it up. The Sheriff also told me not to go into the house unless he says I can. I asked them to go in with me so I can take pictures before he does any damage. The Sheriff said we couldn't go in unless he, the free loader give consent. I need this guy out of my mother's house so I can bring her home. I will be moving in with her to take care of her. What do I do? The laws protect him it looks like. What about my mother's rights when it comes to her own home? Please any advise would be appreciated. I've been told so many different things and don't know where to start to get this guy out of there.

Thank you very much to anyone who has advice.

freeloader needs a restraining order slapped on him if in fact he was abusing your mother. freeloader also needs to be evicted from the property according to the laws in of the county where the house is.

[HomeGuru]

Originally Posted by Murdock55

What is the name of your state (only U.S. law)? Florida. This one's a dosey. My mother is in the hospital and has been there for over a month. She has been found Incompetent. I have a Durable Power of Atty. Her boyfriend(?) is living in her home. My problem is he won't move out. The Doctors have told me there is abuse happening and will not release her from the hospital till he is out of her house. She wants him out. He owes my mother about $7000 and does not pay anything he was supposed to pay. He was supposed to pay the utilities. There's no lease between him and my mother. I took my Mother's car from him yesterday, with the Sheriff department involved. This is in Vero, Fl. The Sherrif made a comment that I can kiss the house goodbye cause he's gonna tear it up. The Sheriff also told me not to go into the house unless he says I can. I asked them to go in with me so I can take pictures before he does any damage. The Sheriff said we couldn't go in unless he, the free loader give consent. I need this guy out of my mother's house so I can bring her home. I will be moving in with her to take care of her. What do I do? The laws protect him it looks like. What about my mother's rights when it comes to her own home? Please any advise would be appreciated. I've been told so many different things and don't know where to start to get this guy out of there.

Thank you very much to anyone who has advice.

**A: there are two issues to deal with- criminal and civil scenarios. Hire an attorney like yesterday.

[Murdock55]

Originally Posted by IsabellaSoriano

freeloader needs a restraining order slapped on him if in fact he was abusing your mother. freeloader also needs to be evicted from the property according to the laws in of the county where the house is.

There's an issue about 4 years ago where the police were involved, it went to court but my mother dropped the charges in court. Can I use that to get the restraining order. And the next problem is he's in her house and she's in the hospital. How would a restraining order help in this situation? This is really a nightmare. This guy seems to have more rights than my mother according to the law.

[HomeGuru]

Originally Posted by Murdock55

There's an issue about 4 years ago where the police were involved, it went to court but my mother dropped the charges in court. Can I use that to get the restraining order.



**A: no, too old and nothing came of it.



#######
And the next problem is he's in her house and she's in the hospital. How would a restraining order help in this situation? This is really a nightmare. This guy seems to have more rights than my mother according to the law.

**A: did you read my post?

[Murdock55]

Originally Posted by HomeGuru

**A: did you read my post?

Yes I did. I have an attorney, he's working on the eviction. But I don't know the guy, I picked him out of a phone book. My reason for the post is I want to make sure I am doing the right things to get this guy out and not just being given the run around from the attorney. He sent the freeloader a 10 day notice. Everything I read says nothing about a 10 day notice. That could be due to the situation. He's not a legal tenant, there's no lease and the association where the house is says he's living there illegally but won't do anything to help get him out other than give him a form to fill out to comply with the by laws. What would the civil issues be?
Thank you

[TinkerBelleLuvr]

http://dlis.dos.state.fl.us/fgils/faqs.html#landlord

Are you in Indian River county?

[Murdock55]

Yes, I am in Indian River County.