How to Evict Someone Who Lives With You in Florida (2022)

How to Evict Someone Who Lives With You in Florida (1)

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They say that all good things must end, and that includes sharing a dwelling unit. Whether the person is an invited guest but stays too long, is a roommate or someone who claims an ownership interest in the property, there is no shortcut to getting them out of the rental unit in Florida. The process is a legal one, and self-help "change the lock" measures are against the law.

(Video) How to Evict a Tenant in Florida? Step by Step Florida Eviction | Orlando Property Management

Anyone in Florida facing a holdover roommate or an unwanted guest should become familiar with the state's laws and eviction process before making a move to get rid of a person who moved in with permission.

Three Legal Options for Tenant Eviction

The process of ridding someone from a property starts with figuring out which of the legal avenues is appropriate. There are three separate types of legal actions that may be used depending on the circumstances: eviction, unlawful detainer and ejectment. Each procedure is appropriate for a particular circumstance, and it is important to use the correct procedure to avoid wasting time and money.

If there is a landlord/tenant contract, oral or written, the proper legal course is an eviction proceeding. If there is no contract, and the guest has no legal claim to the property, the appropriate action is one of unlawful detainer. If the person who refuses to leave raises some claim of right to ownership or possession of the property, an action in ejectment is required.

Eviction: Getting a Tenant Out

There are several different scenarios under which a property owner or tenant decides to remove someone from the premises. This can happen if the individual with a primary right to the dwelling unit, like a landlord or a legal tenant, invites a friend, relative or significant other to live with them in exchange for a contribution to the rent or utilities. If they overstay their welcome and refuse to leave, the landlord or tenant can go to court.

A second scenario is a co-tenancy. When a property owner rents out part of the house to another person, or a primary tenant brings in a roommate as a subtenant to share the unit, sometimes things do not work out. A variation on this theme is when a landlord rents part of a dwelling unit to one tenant and another part to another tenant.

(Video) How to Evict a Tenant In Florida

In all of these cases, where there is a written or oral agreement regarding the stay, the person refusing to leave will likely be considered a tenant under the Florida landlord-tenant laws. The individual wanting them to leave must follow the letter of the law in order to evict them. Self-help measures like tossing their things on the sidewalk and changing the locks are not permitted under Florida law.

Evicting a Tenant in Florida With a 15-Day Notice

The laws on Florida evictions are set out in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. Under that law, a tenant can be asked to leave the dwelling at the end of a tenancy period for any reason or none. They can be evicted during the tenancy term (in the middle of the lease term or partway through the month in a month-to-month tenancy) if they breach the terms of the rental agreement, like non-payment of rent.

If an individual wants to get rid of someone living in their house at the end of the tenancy period, they do not need to charge the renter with any wrongdoing. Rather, they simply must give notice that the tenancy will not be renewed when it comes to an end. In Florida, this written notice must be given 15 days before the end of a month in a month-to-month tenancy and 60 days before the end of a lease in a lease agreement.

For "cause" evictions based on wrongdoing, there are different notice periods required in different situations. For example, the amount of notice required for unpaid rent is three days, but seven days for most other breaches. If the person cures the defect within the notice period, they can usually continue the tenancy. A Notice for Failure to Pay Rent or a Notice of Noncompliance for other rental agreement breaches can be downloaded from the Florida Bar's website.

Starting an Eviction Complaint

If the tenant fails to comply with the terms of the notice, the landlord or master tenant must file a complaint for eviction with the county court clerk in the jurisdiction where the property is located and pay the filing fee. Form complaints are available from the court and also on the Florida Bar's website. When the complaint is filed, the clerk prepares a summons ordering the tenant to respond within the five-day time limit. These documents must be served on the tenant by a sheriff or private process server.

If the tenant answers the complaint, the court schedules an eviction hearing. Both parties present their arguments at the hearing, and a judge makes the ruling. If the tenant does not respond to the complaint, the landlord or master tenant can obtain a default judgment. In either case, if the court rules in the landlord's favor, it issues a Writ of Possession, which permits the sheriff to forcibly evict the tenant. An eviction proceeding in Florida usually takes some four to six weeks, but can take less time if the tenant doesn't answer the complaint.

(Video) Florida Eviction Procedures - EXPLAINED

Unlawful Detainer: Getting a Guest Out

When a property owner or a master tenant has a third party living on their property, and the person refuses to leave when asked, the person with the primary right to the property must figure out how to get rid of them. Holdover guests are often holdover boyfriends or girlfriends who move into their significant other's apartment when things are going well and refuse to leave when the relationship is over.

The proper remedy in Florida is an eviction if there is an agreement setting out the responsibilities of the subtenant or roommate. If there is no agreement between the guest and the owner/primary tenant, and the person does not pay rent or contribute to utilities or expenses, an eviction is not the proper remedy for removing them. Rather, Florida establishes an even quicker legal action, termed an unlawful detainer, to do this. Unlawful detainer is a summary procedure similar to an eviction, but no notice is required.

Unlawful Detainer Actions in Florida

When a guest is invited to stay for a time and then refuses to leave, Florida allows the occupant of the premises to use a summary procedure termed an unlawful detainer action to get them gone. It can be used only when all of these circumstances exist:

  • The guest is not paying rent or contributing financially to the dwelling situation.
  • There is no rental agreement between the parties.
  • There is no claim on the part of the guest of a legal right to stay.

This type of action is governed by Chapter 82 of the Florida Statutes. An unlawful detainer action can only be used by the person with a legal right to the residence or property – the owner of the property or the legal tenant of the property. Unlawful detainer actions are used to get rid of guests who overstay their welcome, significant others who refuse to leave, and even squatters who enter without permission.

Eviction Court Hearings

No notice to the guest is required before the filing of an unlawful detainer action. The person with the right to the premises files the action in the Florida county court where the property is located and serves it, together with the summons, on the guest who must respond within five days. If they do not, the court can issue a default judgment; if they do, a court hearing is held.

(Video) 4 Ways To Remove a Tenant Without an Eviction | No Evictions

After a judgment of unlawful detainer, the matter proceeds like an eviction. Although this is a quicker procedure, don't expect to get the unwanted person out overnight. The process can take four weeks or more.

Ejectment: Removing Those With Claims

An action in ejectment is a different animal than an eviction or unlawful detainer action. Like the other actions, ejectment is used to remove someone from a property, but can be used only to remove a person who claims a legal interest in the property. The top priority of the person bringing the suit must be to establish that they are the true and rightful owner of the property.

An ejectment action is governed by Chapter 66 of the Florida Statutes. These Florida actions are not summary proceedings. They must be filed in circuit court, not county court, and are intended to resolve a dispute over the right to possession of, or title to, real property. They must be brought by the person holding title to the property. If an ejectment action is filed by a tenant rather than by a landlord, the court will stay the action until the landlord is joined.

The Florida statutes require that both the complaint and the answer to the complaint include a chronological statement of the "chain of title" that the party is going to rely on at trial to establish their claim to a property interest. This statement should contain the names of the grantors and grantees, the dates of the instrument recordings, and the book and page or instrument number for each recorded instrument.

Responding to an Ejectment Action

Once served with a complaint in ejectment and a summons, the defendant has 20 days to respond. If they don't file an answer within this period, the owner can file a motion for a default judgment. The court can grant this judgment and issue a final order to the person to leave the home. If they refuse, the court issues a Writ of Possession to the sheriff who goes to the property to remove them physically.

If the person does file an answer to the ejectment complaint, the matter proceeds like any other civil litigation, with discovery, trial preparation and trial. The Florida court will rule for the plaintiff if they can show that they are the only owner and entitled to full possession of the property. A final judgment and order will be issued requiring the person to leave the premises and, if necessary, a sheriff will remove the person on a Writ of Possession.

(Video) How Do I Evict a Family Member from Our Property?

This entire procedure can take three months or more. Actions in ejectment usually take longer to remove a person than an eviction or unlawful detainer action since the competing claims to possession and ownership must be adjudicated in a court proceeding. The party that wins the action also may be entitled to a money judgment for damages and costs.

FAQs

Can I kick someone out of my house in Florida? ›

Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked.

What to do if someone is in your house and won't leave? ›

Call the police. You might also consider getting a restraining order or a domestic violence protection order that prohibits that person from having any contact with you. For additional assistance, contact a domestic violence prevention organization or check out these victim resources.

How do I evict a family member from my home in Florida? ›

How do I Remove a Family Member from my Property? Unlike an Eviction, a Homeowner does not have to give notice to the Family member or individual that they are trying to remove. This is because there is no Landlord/Tenant Relationship. Once you file the Unlawful Detainer, they have 5 days to respond.

How long before a guest becomes a tenant in Florida? ›

Guests may stay a maximum of 14 days in a six-month period or 7 nights consecutively on the property. Any guest residing at the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant.

How do you get someone out of your house that won't leave in Florida? ›

Yes, you can kick someone out of your house in Florida. If the person has never paid rent, utilities, etc., and doesn't have a written or verbal lease, you may follow the ejectment or unlawful detainer process to remove them instead of the eviction process.

How do I kick out a roommate that is not on the lease in Florida? ›

You just need to do these things:
  1. Send a notice of eviction.
  2. File a complaint with the Clerk of Court.
  3. Attend the eviction hearing.
  4. File the writ of possession with the local Sheriff.
7 Sept 2018

How do I get a person out of my house? ›

Removing a Guest

Start by asking them to leave, then have a third party deliver a notice to vacate and finally call the police or change the locks. Be careful of your word choice – a guest may be able to delay removal if they say you had an oral agreement or if your notice implies they are a tenant.

How do I evict a roommate in Florida? ›

Bring five copies of your lease, and five copies of the notice you served on your roommate. You will also need to file these with the county clerk. You will then receive a stamped copy of the Summons and Complaint, signed by a representative of the county clerk, which you can then serve on your roommate.

How do you get a boyfriend out of your house? ›

If your ex poses a threat to you, you can ask the police or your local court for a restraining order. In most states, if you have a compelling case, a judge will issue a temporary restraining order directing your ex to leave your residence and stay away from you.

How much does it cost to evict a family member in Florida? ›

It costs $185 to evict someone in Florida if you aren't requesting damages, such as past-due rent. It costs $300 to evict someone with damages of up to $15,000 and $400 to evict someone for damages of $15,000-$30,000.

How long does it take to evict a family member in Florida? ›

An eviction proceeding in Florida usually takes some four to six weeks, but can take less time if the tenant doesn't answer the complaint.

How do I evict a family member who doesn't pay rent in Florida? ›

To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. In the Notice, state that she has not been paying rent, and that you are terminating her right to reside on your property as of the end of the month.

What are your rights as a tenant without a lease in Florida? ›

Florida law entitles every tenant, with or without a written lease, to the right of peaceful, private possession of a residence. Once they begin paying rent, the dwelling unit is theirs to use lawfully, and the landlord or property owner can enter the rental property only to make repairs or to inspect it.

What a landlord Cannot do Florida? ›

According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons.

Can you ask someone to leave your property? ›

If they are not on the rental agreement or lease, you can ask them to leave. However, the law doesn't allow you to physically remove them from your home. If they refuse to leave, you could contact the police.

How do I evict my girlfriend from my home in Florida? ›

If you have a girlfriend living in your home and you no longer want her there, you can remove her legally through a Florida Unlawful Detainer.
...
To bring an action, you must meet these requirements:
  1. No Lease;
  2. No Exchange of Rent;
  3. She refuses to Leave the Property; and.
  4. She does not have any Ownership in the Property.
2 Apr 2022

How long does it take to evict someone in Florida without a lease? ›

For a tenant with no lease or a month-to-month lease in Florida, the landlord must serve them a 15-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 15 calendar days to move out (or the next business day if the final day lands on a weekend or legal holiday).

Do squatters have rights in Florida? ›

A squatter can claim the rights to a property after they live there for a certain amount of time. In Florida, it takes at least 7 years of continuous occupation for a squatter to make an adverse possession claim (Fla. Stat.

How do I get my roommate to move out? ›

Check out some polite ways and handy tips to tell your roommate to move out and ask them to leave.
  1. Think it through. ...
  2. Consider the timing and place. ...
  3. Be calm and direct. ...
  4. Take responsibility and avoid accusations. ...
  5. Split things fairly. ...
  6. Manage your stuff. ...
  7. Don't forget your lease. ...
  8. Keep in touch.
17 Aug 2020

How long does an ejectment take in Florida? ›

The ejectment attorneys at Your Advocates can easily file an action in ejectment and have the offending party removed from the home in as little as 45 days.

What happens if your roommate doesn't pay rent? ›

Will I get evicted if my roommate refuses to pay rent? Eviction may be a possibility if the rent of the dwelling does not get paid in full. The eviction process may take months and tenants may ultimately be held responsible for the entire rent for the whole length of the lease.

How do you get a girlfriend out of your house? ›

If she does not have the legal right to remain in the home, consider giving her a written request to leave. This can be done by you or your landlord. The request should give a moving deadline. If she does have rights to stay (e.g. she is on the lease), you might still consider giving her a written request to leave.

How do you tell a family member they need to move out? ›

Speak directly to your family member and remain at eye level. Talk in a matter-of-fact tone and keep your emotions in check so your message gets through. Listen to what they have to say—and stay on topic. In the end, you should politely ask your relative to leave, tell them why, and explain how long they have to stay.

Can my partner throw me out of his house? ›

In California, it is legal for one spouse to force the other to move out for a set time period. This is accomplished through a court order, but the individual must be able to provide evidence of threats of assault or assault attempts if the case is an emergency.

How much notice should I give my roommate before moving out? ›

Put the Roommate on Notice

Give a deadline by which the roommate (and the roommate's personal property) must be out of the rental. Even though the roommate isn't an official tenant, you should give at least the same amount of notice required to end a month-to-month tenancy. In most states, the notice period is 30 days.

What can I do if my roommate is harassing me? ›

If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection (“OFP”) or a Harassment Order. An OFP doesn't require an attorney and does not cost money to file. The court could then order your roommate to stay away from your rental house.

What is a Florida unlawful detainer? ›

Unlawful detainer is when friends, family members or other persons are allowed to stay on a property with no rent or payment and then refuse to leave. There is no lease or rental agreement and no landlord/tenant relationship.

Can my partner force me to move out? ›

What if an agreement cannot be reached? If you spouse refuses to leave the family home, they cannot be forced to leave the family home unless there is a risk of domestic violence occurring to you or your children if they were to continue living in the family home.

How do I kick my ex out of my house? ›

File the necessary legal paperwork in court. Give your ex a copy of the paperwork explaining that they must appear in court and why, called the summons and the complaint. Wait for your ex to respond (typically five business days). Ask for a trial date if they continue to stay.

How much does it cost to file an eviction notice in Florida? ›

Initial Filing Fees
Filing TypeCost
Tenant eviction with no damages (Non-Monetary)$185
Tenant eviction with damages up to $15,000$300
Tenant eviction with damages more than $15,000, up to $30,000$400
Tenant eviction with Distress for Rent writ$270

What is a 30 day notice in Florida? ›

A Florida 30-day notice to vacate is a document that can be drawn up by both the owner and the landlord and is created upon the termination of the lease. Most often, a 30-day notice to vacate is used when terminating a monthly rental agreement, but it can also be used in other cases.

How do you evict squatters in Florida? ›

Unlike some states, Florida hasn't enacted laws that are specific to getting rid of squatters. Therefore, to get rid of squatters in Florida, you need to file an unlawful detainer lawsuit. To file it, you must first notify the squatter with an eviction notice.

Can you be evicted in Florida right now 2022? ›

As of July 2022, there are no longer any statewide eviction bans in place. However, many states, cities, and counties have put various types of tenant protections (such as rental assistance and eviction diversion programs) in place.

What happens after a 3 day eviction notice in Florida? ›

What happens next? If you do not pay your landlord the rent demanded within the 3-day deadline, you must move out or your landlord's next step is to file a lawsuit. Your landlord's goal in filing the lawsuit is to get a Judgement for Possession, which is the result if they win in court.

Can a landlord evict you without a court order? ›

The law does not permit arbitrary evictions. This means that before you are evicted there must be a court order. A court must consider how the eviction will affect the people who will be evicted and evictions cannot be done without good reasons.

How do I get my sibling out of my parents house? ›

Option #1: Eviction

One option to remove a sibling from your deceased parents' house is to start the eviction process. First, you need to hire an eviction attorney and have them prepare an eviction notice. This notice gives the sibling a certain period of time to vacate the property (for example, 30 days).

How long can someone leave their property at your house in Florida? ›

Send Written Notice

If delivered by hand, Florida law requires that your tenant collect their property within 10 days. If you send it via mail, your tenant must collect it within 15 days. Keep in mind, however, that this is merely the minimum number of days allowed by the law.

How do I file an unlawful detainer action in Florida? ›

File an unlawful detainer lawsuit.

The lawsuit must be filed in county court, in the county where the property is located. You must attach proof of ownership or rightful possession of the property to the complaint, such as a deed, and state how you acquired ownership of the property, or a lease..

Can you kick someone out of your house in Florida? ›

Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked.

Do you have to give 30 days notice without a lease Florida? ›

Notice Requirements for Florida Landlords

A landlord can simply give you a written notice to move, allowing you 15 days as required by Florida law and specifying the date on which your tenancy will end.

Can a landlord evict you immediately in Florida? ›

Remember: In Florida, your landlord is never allowed to evict you without a court order. If your landlord tells you to leave your home before a judge orders you to, you do not have to move out.

What is considered harassment by a landlord in Florida? ›

Prematurely demanding rent. Changing locks or other self-help eviction actions. Disposing or seizing tenants' personal property. Abusive, profane, or threatening language.

What rights do tenants have in Florida? ›

The Florida Residential Landlord Tenant Act prevails over what the lease says. A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use.

How late can rent be in Florida? ›

Timing of Eviction Notices for Failure to Pay Rent in Florida. If a tenant fails to pay rent on time, then the landlord can give the tenant a three-day notice for failure to pay rent, or a notice similarly named. The tenant then has three days to pay the rent or leave the rental property.

How do you politely get someone out of your house? ›

Here are some tips on how to handle this situation:
  1. Mention that it is getting late.
  2. Provide non-verbal cues.
  3. Offering to call them a ride.
  4. Avoid people-pleasing; stand up for yourself and set a boundary.
  5. Suggest you move to a different location.
  6. Clear plates to the sink.
  7. Glance at your watch.
  8. Set an expectation for the guests.
17 Jun 2022

How do I evict a roommate in Florida? ›

Bring five copies of your lease, and five copies of the notice you served on your roommate. You will also need to file these with the county clerk. You will then receive a stamped copy of the Summons and Complaint, signed by a representative of the county clerk, which you can then serve on your roommate.

How do I get a person out of my house? ›

Removing a Guest

Start by asking them to leave, then have a third party deliver a notice to vacate and finally call the police or change the locks. Be careful of your word choice – a guest may be able to delay removal if they say you had an oral agreement or if your notice implies they are a tenant.

Can my boyfriend kick me out of his house in Florida? ›

If you have a girlfriend living in your home and you no longer want her there, you can remove her legally through a Florida Unlawful Detainer. It is important to not confuse an Unlawful Detainer with a Florida Eviction or a Florida Ejectment. Doing so, can add to unnecessary delay and expenses.

Do squatters have rights in Florida? ›

A squatter can claim the rights to a property after they live there for a certain amount of time. In Florida, it takes at least 7 years of continuous occupation for a squatter to make an adverse possession claim (Fla. Stat.

How do I make someone leave my house? ›

Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they've been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice ...

What are your rights as a tenant without a lease in Florida? ›

Florida law entitles every tenant, with or without a written lease, to the right of peaceful, private possession of a residence. Once they begin paying rent, the dwelling unit is theirs to use lawfully, and the landlord or property owner can enter the rental property only to make repairs or to inspect it.

How do I get my boyfriend out of my house? ›

If your ex poses a threat to you, you can ask the police or your local court for a restraining order. In most states, if you have a compelling case, a judge will issue a temporary restraining order directing your ex to leave your residence and stay away from you.

How long does the eviction process take in Florida? ›

The entire process can be done is as little as one week if the eviction is uncontested, or take years in unusual circumstances. On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action.

Can police remove squatters in Florida? ›

Unlike some states, Florida hasn't enacted laws that are specific to getting rid of squatters. Therefore, to get rid of squatters in Florida, you need to file an unlawful detainer lawsuit. To file it, you must first notify the squatter with an eviction notice.

How much does it cost to evict a squatter in Florida? ›

This question is about Florida Eviction Process

It costs $185 to evict someone in Florida if you aren't requesting damages, such as past-due rent. It costs $300 to evict someone with damages of up to $15,000 and $400 to evict someone for damages of $15,000-$30,000.

How much does it cost to evict a tenant in Florida? ›

Initial Filing Fees
Filing TypeCost
Tenant eviction with no damages (Non-Monetary)$185
Tenant eviction with damages up to $15,000$300
Tenant eviction with damages more than $15,000, up to $30,000$400
Tenant eviction with Distress for Rent writ$270

How do I evict a roommate in Florida? ›

Bring five copies of your lease, and five copies of the notice you served on your roommate. You will also need to file these with the county clerk. You will then receive a stamped copy of the Summons and Complaint, signed by a representative of the county clerk, which you can then serve on your roommate.

How do you tell someone to move out? ›

Start by mentioning that you weren't expecting them to stay as long as they have, and that you would like to have your home to yourself again. Just be open and let them know what you are feeling and whether or not you are flexible on their move out date.

Can my partner throw me out of his house? ›

In California, it is legal for one spouse to force the other to move out for a set time period. This is accomplished through a court order, but the individual must be able to provide evidence of threats of assault or assault attempts if the case is an emergency.

Can you be evicted in Florida right now 2022? ›

As of July 2022, there are no longer any statewide eviction bans in place. However, many states, cities, and counties have put various types of tenant protections (such as rental assistance and eviction diversion programs) in place.

What happens after a 3 day eviction notice in Florida? ›

What happens next? If you do not pay your landlord the rent demanded within the 3-day deadline, you must move out or your landlord's next step is to file a lawsuit. Your landlord's goal in filing the lawsuit is to get a Judgement for Possession, which is the result if they win in court.

What a landlord Cannot do Florida? ›

According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons.

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