JACKSONVILLE, Fla. — Think twice before inviting someone into your home: State law makes it difficult to force those guests to leave when they’ve worn out their welcome.
It's an issue that Jacksonville Sheriff John Rutherford said his officers run into often.
"It sounds humorous to folks – oh the guest that won't leave – but actually, it's a very serious situation," Rutherford said.
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Rutherford said fights between homeowners and guests have turned into some of Jacksonville's most violent crimes, including a deadly fire on the Eastside in December. Neighbors tell Action News the homeowner was doused in gasoline by his own guest who refused to leave. Both men later died.
Witnesses tell Action News police had been to the home for domestic disturbances many times before, as well as two other homes that also burned recently.
Police say Sandy Elmore set fire to an Arlington apartment building after an argument with his girlfriend last week, and John Collins set fire to a home in Springfield Tuesday night also following a domestic disturbance.
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Action News was there in January when the sheriff called on state leaders to change the law and protect homeowners. Currently, his officers cannot immediately remove a guest if the home is their primary residence, which can be shown on their mail or license.
"The officers are going to tell you, 'sorry, there's nothing we can do,'" said Michael Knox, a former JSO officer who said he encountered many domestic situations during his law enforcement career that he felt could later become violent.
"A guest can easily change their address without you ever knowing and show that to officers. If no law has been broken at the time of the domestic disturbance call, the officers can only refer you to the civil court, and the eviction process can last up to a month and be costly for the homeowner. It's pretty bad for a homeowner, or someone who rents a property, to have to leave to avoid a disturbance while someone who is a guest of theirs gets to stay," Knox said.
Action News legal experts recommend putting all agreements, including the length of stay and bill payments, in writing before allowing someone to stay in your home. The document could be helpful if an eviction is needed.
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