This kind of situation is not an uncommon problem for landlords in Florida. You tell someone to leave your house, but they won’t.
You might not have a lease, or they might not be on any rental agreement. You could look up “how to evict a tenant in Florida without a lease” or “how to evict someone who is not on the lease.” This can be hard to understand and cause a lot of stress.
This is something you should know. Before you can start an eviction in Florida, you have to give written notice. Florida eviction laws without a lease still say that you have to give a 30-day notice before you can evict someone.
This guide will show you how to do each step. You will learn about Florida eviction notices without a lease, including the forms, time frames, and what the law says. Keep reading so you don’t miss anything that could help you.
Important Points
- Before starting the process, landlords in Florida must send a written notice of eviction. This is true even if the tenant doesn’t have a lease.
- A 3-day notice is for not paying rent, a 7-day notice is for breaking the rules, and a 30-day notice is for renters who don’t have a lease or rent month to month.
- Landlords file an eviction case in county court after giving notice. The cost to file starts at $185. The sheriff gives the tenant the summons.
- Tenants have five business days to respond. Landlords can ask for a default judgment if they don’t respond. The judge can give a writ of possession right away.
- The sheriff puts up a final warning that lasts for 24 hours. They can be removed if the renter stays. This whole timeline works for people who rent, whether they have a lease or not.
What is the Florida Eviction Process?
Now that you know the basics from the introduction, let’s get into the details of how eviction works in Florida. Before someone can be evicted, a county judge must always issue a Final Judgment.
Most of the time, the cases are about not paying rent or trying to get back possession. Florida law on eviction without a lease still applies, even if there isn’t one. You have to follow the law and give them an official notice, like a 3-day or 7-day notice, if they won’t leave your house.
A lot of the time, judges set up Zoom meetings for court hearings. The Sheriff’s office is the only one that can physically remove people. Landlords can’t do this themselves because self-help evictions are against state law, like Section 83 of the Florida Statutes.
After the judgment, the Clerk tells the Sheriff to go ahead with the removal and give you back control of the property as the landlord or owner. Even if they don’t have a written rental agreement, tenants can still defend themselves in court.
Serving an Eviction Notice in Florida
Before starting a formal eviction, landlords must give written notice. This step uses specific forms, such as the 3-day, 7-day, or 30-day notice. Each one is used for a different reason to ask someone to leave.
What does a 3-Day Notice for Non-Payment of Rent mean?
When a tenant doesn’t pay their rent on time, a 3-day notice for non-payment of rent is used in Florida’s eviction process. The notice says how much rent is past due and gives the tenant three days to pay it all or leave.
The clock doesn’t start on the day the tenant gets the notice, and weekends and legal holidays don’t count. For instance, if a tenant gets the notice on Thursday, Friday is Day 1, Monday is Day 2, and Tuesday is Day 3.
You can either put this notice on the door or give it to the tenant directly.
This Florida eviction notice should only list overdue rent, not late fees or repair costs, unless the lease says these are part of rent. The landlord can file for eviction if the renter doesn’t pay or move out within three business days.
The three-day notice to leave is only for people who haven’t paid their rent. If you don’t have a lease and are going to be evicted in Florida, the rules still say that the landlord has to follow this notice process if you owe rent.
When do you get a 7-day Notice for breaking the lease?
Landlords send a 7-day notice when a tenant breaks the lease in a way that doesn’t involve not paying rent. This notice gives the tenant seven days to fix the problem, like having pets when they shouldn’t or making too much noise.
You can send a Seven-Day Unconditional Quit Notice if the problem is bad enough or happens again within a year. That means the renter has to leave because there is no way to fix things.
Landlords must give renters who don’t have a written rental agreement and pay weekly a 7-day notice to leave. This is an option for both leaseholders and people who don’t have a formal contract in Florida.
These notices may tell tenants that if they keep acting badly, they could lose their home without any extra time to change their behavior. These rules help Florida landlords start the eviction process, whether or not they have a lease.
How Does a 30-day Notice Work for At-Will Tenancies?
In Florida, you need to give a 30-day notice to end a month-to-month tenancy when there is no lease or the lease has ended but rent is still due every month. Before the last rental period ends, the owner must send this written eviction notice.
This rule also applies if you want to kick someone out who isn’t on the lease or start a no-lease eviction in Florida.
Written notices must be given and follow state law. They should say when the tenant has to move out.
Owners can file an eviction lawsuit if a tenant doesn’t leave after 30 days because they are still there without permission. If you don’t give the right notice, it could take longer to get rid of them and you might have to pay extra costs like double rent or lawyer fees.
Always use clear forms that follow Florida’s rental eviction laws, especially for tenants who don’t have a written agreement. This works for at-will tenancies, roommates who aren’t on a contract, and tenants who don’t want to leave when their time is up.
Requirements for Filing an Eviction Lawsuit
To begin the eviction process in Florida, you must file a complaint and other paperwork with the county court. Find out what forms, fees, and steps you need to take next.
What Papers Do You Need to Evict Someone?
You need clear paperwork to file an eviction in Florida. Always send the eviction complaint form and a copy of the written notice you gave the tenant. If there is a lease, include a copy of it. If there isn’t one, say so for cases like “eviction in Florida without lease” or “no lease eviction Florida.” Also, include proof of ownership, like a deed, and any property management agreement if someone else is in charge of the property.
The court wants each tenant to send in an envelope with their own address on it, as well as one for the landlord or agent. When you send your complaint to TurboCourt or bring it in person, make sure to include all the necessary papers. Checklists can also be helpful.
At this point, you need to pay both the court filing fees and the summons fees. Orange County has its own forms for this. Your case might not even start if you don’t have these papers, even if you follow the rules for the month-to-month eviction process.
What Are the Fees and Legal Steps for Filing?
You need to pay some fees to start your case in Florida after you have filled out the complaint and other necessary eviction papers. To file for eviction of a tenant, you have to pay a fee of $185.00. If your claim is worth between $5,000 and $15,000, the civil action fee goes up to $300.00.
To use TurboCourt for forms or online filing, you need to pay an extra $10.40 for forms and $10.00 for e-filing.
The court sends a summons to the tenant after these fees are paid at the county clerk’s office or through TurboCourt. The landlord pays an extra fee so that a sheriff can deliver this notice to the renter named in your Florida notice to vacate no lease.
The court won’t set a hearing until all the necessary paperwork has been processed. This is true whether you’re evicting someone who isn’t on the lease or doing it without a written agreement.
How does the tenant get the summons?
A sheriff or process server gives the summons directly to the tenant, which starts the clock on their response. Read on to find out what happens next.
What Role Does the Sheriff Play in Delivering the Summons?
The sheriff brings the tenant the eviction notice and complaint at the rental property. This is the first step in the legal part of the Florida eviction process. The sheriff gets paid to deliver these papers.
The sheriff may put the summons on the door of the unit if the tenant is not there. Before the court can go through with the eviction, it needs proof that the summons was served. Landlords who want to evict a tenant without a lease or get rid of someone who isn’t on the lease need the sheriff’s report or proof of service.
This process helps make sure that all legal steps in places like Orange County follow Florida law.
How long does a tenant have to reply?
A tenant in Florida has five business days to respond after getting an eviction notice. This time frame does not include weekends and legal holidays. The tenant has five days to file a written response with the local court.
If the renter owes rent, they must also put the amount they owe into the court registry at that time.
If you don’t answer within these rules, landlords can ask for a default judgment to evict you right away. If tenants can’t agree on how much rent they owe, they can file a Motion to Determine Rent with their Answer.
If you miss any of these things, like your deadline or your rent payment to the court, you could be evicted quickly under Florida eviction laws for both lease and no-lease situations.
How Does the Court Make a Decision About an Eviction?
A Florida judge looks at all the evidence, including the rental agreement, the eviction notice, and what both sides say in court, to decide if the landlord can take back the property. Keep reading to find out what might help the court decide in your favor.
What Happens if the Tenant Doesn’t Answer?
The tenant has five days to respond after getting the eviction notice. If the tenant doesn’t respond by this date, the landlord can ask for a default judgment using Form 2 of Florida’s eviction process.
The judge can then give the landlord control of the property right away, without a hearing.
The judge usually tells the county sheriff’s office to serve a writ of possession at the rental property after this. This lets police kick out tenants who don’t leave on their own.
If the tenant hasn’t paid their rent and the landlord asks for it, Judge Smith or another local official might also order a money judgment against the tenant. Next, we’ll talk about what happens in court hearings when tenants decide to fight back or tell their side of the story.
What Happens in Court Hearings and Tenant Defense?
If a tenant answers the eviction lawsuit, the court will set a hearing. The landlord speaks first at the hearing. They tell their side of the story and show proof, like unpaid rent or breaking the lease.
The tenant can ask questions and then tell their side of the story. Some common defenses are that the landlord isn’t really the owner, the tenant has already moved out, the eviction is happening because of revenge, the 3-day notice wasn’t delivered correctly, or the rent was held back after problems weren’t fixed even after a 7-day notice.
Before the hearing, a tenant might file a Motion to Determine Rent. If this happens, the judge may tell the tenant to pay extra rent while the case is still in court. Both sides can bring witnesses and other proof, like letters or pictures.
If someone doesn’t show up for court or mediation, they could lose by default, which means that eviction moves forward quickly. If you lose a case, you may have to pay the other person’s attorney fees and legal costs.
These rules apply whether you want to kick someone out of your Florida apartment without a lease or have normal rental terms.
How is the Writ of Possession given out and enforced?
The county sheriff puts the writ of possession on the property after the judge signs it. Read on to find out what happens next.
How Do You Request a Writ of Possession?
After the judge signs the Final Judgment of Eviction, the landlord has to ask the court for the writ of possession. The landlord has to pay a different fee for this step. The court clerk then gives out the writ.
The county sheriff then gets the writ to serve and put up at the rental property. This lets the tenant know that they are legally required to do something.
The Florida eviction process relies on the writ of possession. Once it’s up, the tenant has 24 hours to leave. This step works the same way whether you need to evict a tenant who doesn’t have a lease or someone who isn’t on your lease.
If you need to, the sheriff’s office will put up and take down the signs. Pay all fees on time so that enforcement can happen right away.
What Is the Final 24-hour Eviction Notice?
The sheriff puts a writ of possession on the door of the rental unit after a Florida court orders the eviction. This is the last 24-hour notice to leave. Tenants only have one full day to move out.
The clock starts when the sheriff puts up the notice, not when the judge makes their decision.
If someone doesn’t leave by the end of that time, deputies can physically remove them from the property. At that point, owners or agents can change the locks and get rid of anything that is still there.
This is one of the last steps in Florida’s eviction process before you can get your house or apartment back. Next in this legal path is knowing how to ask for a writ of possession.
Special Considerations for Evicting Without a Lease
Florida law has special rules for evicting renters who don’t have a lease. Find out what you need to know before you do anything.
What Are the Rules for Month-to-Month Tenancies?
In Florida, landlords must give month-to-month tenants a written notice of eviction at least 30 days before they have to leave. This rule is still in effect even if there is no lease. The notice needs to go out before the last day of the current rental period, or it won’t count for the next month.
If the tenant doesn’t leave after getting this notice, the landlord can file for eviction in court.
If tenants stay past their move-out date after getting an eviction notice and don’t have a lease, they might have to pay double rent. If a tenant stays too long, a court may also order them to pay for their lawyer’s fees and other legal costs.
Landlords can evict someone without a lease by following this simple legal process. Month-to-month renters have rights. Florida law says that written notices are always needed; verbal warnings are not enough.
How to Evict Individuals Not on the Lease?
Florida law says that people who live in the home but are not on the lease still need a proper eviction notice. You have to give the right eviction notice based on how often they pay. For example, if they pay every week, you have to give them 7 days’ notice. If they pay every month, you have to give them 15 or 30 days’ notice.
This is true for roommates and any tenant who doesn’t have a lease. Even if they don’t pay rent, you have to give them a written notice to leave.
If you don’t have a lease, you can still use the same legal process as you would with tenants who do. Go to the county court and file an official complaint with proof that you own the property.
During the Florida eviction process, the court treats all residents the same, regardless of what their lease status is. Next, find out the whole timeline for this legal process.
What is the Full Timeline of the Florida Eviction Process?
The Florida eviction process begins when a landlord gives a legal notice. This notice may be for late rent, which allows three days to pay; for violating lease rules, which allows seven days; or for month-to-month leases or no lease at all, which allows thirty days.
The landlord goes to the county court to file an eviction case if the tenant doesn’t leave or fix the problem in time. The landlord has to fill out paperwork, attach the lease if there is one, and pay a court fee.
The sheriff brings the summons. The tenant has five business days to respond after that. The landlord asks for a default judgment if the tenant doesn’t respond. Based on the facts, the judge makes a final decision.
If the judge agrees with the landlord, the landlord asks for a writ of possession. The sheriff delivers the writ and tells the tenant they have 24 hours to leave. Florida law says that the sheriff must remove the person from the property if they stay in the home after this last notice.
This timeline works for all renters, even if they don’t have a lease, like when they are month-to-month or living with a roommate.
In Summary
The process of evicting someone in Florida goes step by step, starting with the right notice and ending with the sheriff posting a final warning. Property owners can work quickly with tools like clear written notices, court forms, and help from county clerks and sheriffs.
Staying organized makes it easier for everyone involved at every step, from sending a 3-day rent demand to dealing with month-to-month tenancies. This way of doing things protects both tenants’ rights and homeowners’ rights.
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Frequently Asked Questions
1. Can you evict someone without a lease in Florida?
Yes, in Florida, you can kick someone out even if they don’t have a lease. The law sees them as a tenant on a month-to-month basis. You have to give a written notice of eviction, even if there is no lease.
2. How do you evict a roommate in Florida who is not on the lease?
If your roommate isn’t on the lease, you should give them a 7- or 15-day eviction notice, depending on how you agreed to do things. You might have to go to court to get them to leave if they don’t want to. This process is covered by Florida law.
3. What is the eviction notice process for a tenant with no lease?
If you don’t have a lease, give your tenants a written notice of eviction. Florida law says that you have to give someone at least 15 days’ notice before you ask them to leave. You can start the formal eviction process if they don’t leave.
4. How do renters’ rights work in Florida without a lease?
Even if there is no written lease, renters still have rights. Under Florida law, tenants have basic rights to protection, such as being given proper notice before being asked to leave and being treated fairly during the eviction process.
5. In Florida, can I kick someone out of my house without warning?
You can’t just kick someone out without telling them first, even if they aren’t on the lease or there isn’t an agreement. According to state law, you must give an official notice of eviction.
6. How long does a landlord have to give a tenant in Florida to move out if there is no lease?
Landlords usually have to give at least 15 days’ written notice before ending month-to-month tenancies if there is no written agreement. Depending on where you live and how you live, you may only need to give 7 days’ notice if your roommate or guest isn’t paying rent.