🏠 Evicting Your Own Flesh and Blood in the Sunshine State: A Not-So-Sunny Guide
Listen up, folks! You've hit that point. That moment when you look at your adult kid, your cousin, or maybe your partner's long-lost sibling crashing on your perfectly fine Floridian sofa, and you realize: This ain't a vacation anymore, it's a full-blown squatting situation. You let 'em in out of the goodness of your heart, thinking it was just for a minute—a hot minute, maybe. But now they've got more mail showing up than you do, and they've started reorganizing your kitchen cabinets. It's time for the house to be your house again.
The problem? In the great state of Florida, you can't just change the locks, toss their socks onto the lawn, and yell, "Later, gator!" That's what the legal eagles call "self-help eviction," and it's a major no-go. It's illegal, and you could end up paying big bucks to the family member you just tried to ditch. Yikes!
So, how do you legally and safely regain control of your own slice of paradise? It all boils down to one critical, mind-bending question: Is your family member a 'guest' or a 'tenant'?
Step 1: 🧐 Figure Out If They're a 'Guest' or a 'Tenant'
This is the whole enchilada, the secret sauce, the thing that determines whether you’re doing an "Eviction" or an "Unlawful Detainer." Seriously, the law loves to make things sound complicated.
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| Can You Evict A Family Member From Your Home In Florida |
1.1 The Crucial Delineation
Pro Tip: In Florida, if someone stays for more than 14 days in a 6-month period or 7 consecutive nights and has established an intent to stay, a court might lean toward calling them a tenant, especially if they get mail there, moved in a bunch of stuff, or have a key. It’s all about context, baby. If they’ve been giving you $200 every month like clockwork for the last year, a judge might see that as rent.
Step 2: 🗣️ The "Peace Out" Notice (The First Crucial Paperwork)
QuickTip: Scan the start and end of paragraphs.
Once you know their status, you've gotta give them the official heads-up. No more passive-aggressive post-it notes. This needs to be a formal, written notice—and keep a copy, you hear?
2.1 For a "Guest" (The Unlawful Detainer Route)
Good news! For an Unlawful Detainer, you technically don't have to give a specific written notice to vacate before filing the lawsuit. You just have to demand they leave, and they refuse.
The Smart Move: To be safe, always give them a written demand to vacate. Keep it simple and polite (because a judge might see it). Say something like, "The invitation for you to reside at [Address] is officially withdrawn. Please vacate the premises within 7 days." Date it and keep a copy. Trust me, a paper trail is your best friend.
2.2 For a "Tenant" (The Eviction Route)
Bummer—you have to follow the strict Florida Landlord-Tenant Act. The required notice depends on the kind of tenancy you've got (probably "month-to-month" or "at will" since it’s family and there's no lease).
Month-to-Month/Tenancy at Will: You need to serve a 15-Day Notice of Termination of Tenancy. The notice has to state that the tenancy is terminated and they must move out at least 15 days before the end of the monthly period. For example, if rent is due on the 1st, and you serve the notice on the 10th, you can't end the tenancy until the end of the next month. Math is hard, so double-check the dates!
Step 3: 🧑⚖️ Head to the Courthouse (Filing the Lawsuit)
If the clock runs out on your notice (or your polite request for a "guest"), and your family member is still munching your snacks on your sofa, you have to file a formal lawsuit. This is where things get real, so don't mess this up.
QuickTip: Scroll back if you lose track.
3.1 Filing the Right Suit
For a Guest (Unlawful Detainer): You file a Complaint for Unlawful Detainer in the County Court. You are essentially telling the court they entered legally but are now refusing to leave. The court process here is often quicker than a full eviction. This is your fast pass, if you qualify.
For a Tenant (Eviction): You file a Complaint for Eviction (for possession) in the County Court. This is the standard landlord-tenant process, and you need to attach a copy of the termination notice you gave them in Step 2.
3.2 Serving the "Defen-DANT!"
Once filed, a copy of the Summons and Complaint must be legally served on your family member by a sheriff or a private process server. No hiding the papers under their pillow! This is a non-negotiable step that costs some dough, but it's what makes the whole thing official. Once served, they typically have 5 days to respond to the court.
Step 4: 🏛️ The Court Date Showdown
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If your family member doesn't respond to the court after being served (which happens, because sometimes people bury their heads in the sand), you can file for a Default Judgment and get your court order to remove them. Boom!
If they do respond and try to fight it, you're going to get a court date. You need to show up and present your case—bring your notices, proof of ownership (your deed), and any evidence that proves they are either a tenant who won't leave or a guest who overstayed. Keep your cool and be respectful—the judge is the boss.
4.1 Securing the Final Order
If you win (and you followed all the rules, you will win eventually), the judge will issue a Writ of Possession (or a similar order for an Unlawful Detainer).
QuickTip: Revisit posts more than once.
This writ is your golden ticket. It's the official court order telling the law enforcement to make the person leave.
Step 5: 👮 Getting the Sheriff Involved (The Grand Finale)
Do NOT, I repeat, do NOT try to remove them yourself! This is the biggest mistake people make, and it leads straight back to that "illegal self-help" penalty.
5.1 Final Enforcement
You take your shiny new Writ of Possession/Removal to the local Sheriff's office and pay the fee for service. The Sheriff will then post a final notice on the property, giving the occupant 24 hours to vacate.
This is the true deadline. If they are still there after the 24 hours is up, the Sheriff returns and physically removes them. Congratulations! Your home is yours again. Go ahead, pour yourself a glass of sweet tea—you earned it.
Final Word: Evicting a loved one is a painful, emotionally exhausting experience. It's rougher than a Florida thunderstorm in July. Getting an attorney who specializes in Florida Unlawful Detainer or Eviction actions can save you a ton of heartache and prevent procedural errors that could send you back to square one. Don't skimp on legal advice—it's worth every penny to get your peace of mind back.
FAQ Questions and Answers
How do I know if my adult child is a tenant or a guest in Florida?
QuickTip: Read step by step, not all at once.
Your adult child is likely a tenant if they have an agreement to pay you a set, regular amount of money (which a court could view as rent) or if they have lived there long-term (e.g., more than 14 days in six months) and have established the property as their legal residence (like getting all their mail there). They are a guest if they were only temporarily invited, never paid a cent, and their stay was never intended to be permanent.
How to remove a family member who has never paid rent in Florida?
If the family member has never paid rent or a regular contribution toward a set bill, the correct legal action in Florida is usually an Unlawful Detainer action, not a traditional eviction. You must first demand that they leave, and if they refuse, you file the Unlawful Detainer suit in County Court to get a court order for their removal.
What is the 15-day notice in Florida for a family member?
The 15-day notice is required to terminate a month-to-month or tenancy-at-will agreement in Florida. If your family member is considered a month-to-month tenant (meaning they pay rent or have an implied long-term agreement), you must give them written notice 15 days before the end of the monthly rental period to vacate the property.
How long does the eviction process take in Florida for a family member?
The actual legal process, from filing the lawsuit to the sheriff’s final removal, can take anywhere from a few weeks to a couple of months if it is uncontested and you follow the process perfectly. If the family member hires an attorney and fights the action, it can take significantly longer.
Can I legally change the locks on a family member in Florida?
No, absolutely not. Changing the locks, turning off utilities, or removing their belongings (known as "self-help eviction") is illegal in Florida, even if they haven't paid rent. You must obtain a court order (a Writ of Possession/Removal) and have a law enforcement officer, like a Sheriff, enforce the removal. Violating this can lead to you owing damages to the person you are trying to remove.
Would you like me to find a link to the official Florida statutes concerning Unlawful Detainer or Eviction so you can review the legal language yourself?
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