Florida evictions: I was told that I could not "make him homeless"

[provider]

I run a nonprifit residential program in Florida while attempting to remove a tenant i was told that i had to give him legal notice. even when the officer seen the kitchen that was destroyed. I was told that I could not "make him homeless" is this right? doesnt seem to be, i was told that because he was not a resident of this house he could do this with no recourse.

Hi Provider...

Ok so I don't practice in FL.. but since no one from FL has yet replied..

You call him a tenant.... in your 1st sentence..

Usually the test is.. if he stays there.. gets mail.. pays rent or in someway shows or can show residency.. you are right he is your tenant... just a thought...

Most states have a state office or Attorneys general that may be able to direct you..

If he however is only there days.. and does not keep belongings there.. he may not be...

As always start with the Statutes.. talk to AG.. and get specialized help.

A civil matter.. good luck

You normally must evict them that is true.

But if the person is truly destroying, or appears that he will destroy, the property you can ask a judge for an emergency remedy--the judge may remove and arrange temp housing e.g. while the situation is investigated.

[provider]

The sheriff's deputy called him a tenant, I'm not sure I agree with that description. we do have some contractual agreements that are signed prior to taking the guys in. they state our policy and that they understand we can dismiss at our discretion if they do not abide by program rules. This is a "group home" under Florida's definition; it seems as if there would be a standard by which would protect the majority and not the individual in these types of situations. Thank you for your response I will pursue this through the AG's office.

If it's a group home, wouldn't he have a social worker or something in place? I don't know the ins and outs of what a group home means in Florida,though. Also, if he destroyed property, couldn't you have him arrested? Then he'd be living in a jail cell and not homeless. That would buy you some time while you figure out what you can legally do in this instance.