How to Evict a Family Member from Your Home in Florida


Thomas C. Grajek View Profile

family member that was evicted from their home

You’re tired of being taken advantage of in your own home. There’s a person living there – a family member – who does not help or no longer is welcome. Whether you rented the property to them or they are just living with you, this type of situation can be quite difficult to manage. Florida eviction laws are present to help you to get people out of your home, but you’ll need to follow them properly to get the results you need. An eviction notice letter to a family member can be the first step, but it’s not always something you should do without legal help by your side.

In Florida, it’s a must to understand the steps you need to take to evict anyone, including a family member, from your property. It’s not as simple as just asking them to leave (though you should start there in most cases!)

Who You Can Evict in Florida?

You can evict almost anyone from your home in Florida if you follow the right steps during the process. If a person is named on the deed or title to the home, is on the mortgage, or has some other claim to the property legally, this becomes harder to do. It can also be difficult if the person living in your home has a signed document giving them the right to live there, such as a lease.

Even in these situations, there are steps you can take to have the person removed from your home, but doing so with your attorney tends to be the most important first step.

The Process of Eviction in Florida

evicting family member from home

If you have someone in your home that you wish to evict, you need to first determine what the right processes are based the right to be there. Trespassing may be one option, or ejectment may work in some situations. In all cases, a party should be given plenty of time to move out, in writing. That document is served to the individual, generally providing them with a set number of days before they must leave.

An action for eviction comes after this. This occurs when a person is given a formal letter requiring them to leave. It is documented in a court of law. The individual will have the right to appeal the decision or to file a claim against it. For example, if your family member says you told them they could live there if they pay for food or utilities, that may complicate the process.

If there is a rental agreement, the eviction must follow the rules written into the agreement, including why they are being evicted. This should be outlined in the contract itself.

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Eviction Notice Letter to a Family Member

An eviction notice letter to a family member will outline what you are requesting (that they leave), why, and when they need to leave by. This letter aims to make it clear and legally documented that you are requesting them to leave.

Preparing for Eviction in Florida

To prepare for eviction in Florida, Florida eviction laws need to be followed. This generally means determining the right type of eviction process based on the circumstances of the case. It must also follow the court’s rulings, for example, giving the party 7 days to leave. The key here is to work with the courts clearly following all laws to require the person to leave the home.!

Consult an Experienced Defense Lawyer

The cost of eviction in Florida ranges widely, but the cost of hiring a criminal defense attorney for this process does not need to be expensive. The cost will be determined when you meet with an attorney and talk about your case. This should be a formal consultation to outline what your legal options are based on the facts in your case. Most often, having a conversation with your attorney can give you a clear indication of how to manage eviction laws in Florida to get the outcome you desire if you are the property owner.

Frequently Asked Questions

It’s always best to receive one-on-one help from our team for any questions you have. However, here are a few frequently asked questions we often receive.

How Do I Evict Someone from My House in Florida?

To evict someone in Florida, you need to file a formal eviction notice with the county courthouse. It is best to ensure you follow all Florida eviction laws to minimize any risk of being denied. For that reason, you should work with your attorney.

Can You Evict Someone If There Is No Lease in Florida?

Yes, you can evict anyone living in your home who does not have a lease and is not listed on the title of the property. This applies to adults in your home.