How to evict a tenant in Florida without a lease?

Evicting a tenant in Florida without a lease can be a challenging process, but it is not impossible. Whether the tenant’s lease has expired or there was never a formal lease agreement in place, landlords still have legal options to remove a tenant from the property.

The Eviction Process

In Florida, the eviction process for tenants without a lease follows similar procedures to those with a lease agreement. The landlord must terminate the tenancy, file an eviction lawsuit, and obtain a court order for the eviction. Here are the steps to evict a tenant in Florida without a lease:

1. Provide Written Notice

First, the landlord must provide written notice to the tenant informing them of the termination of their tenancy. The notice period can vary depending on the circumstances, but it is usually 15 to 30 days.

2. File an Eviction Lawsuit

If the tenant refuses to vacate the property after the notice period expires, the landlord can file an eviction lawsuit in the county where the property is located.

3. Serve the Tenant

The tenant must be served with a copy of the eviction lawsuit and a summons to appear in court. This can be done by a process server or the sheriff’s office.

4. Attend the Court Hearing

Both the landlord and tenant must attend the court hearing to present their case. If the court rules in favor of the landlord, a writ of possession will be issued.

5. Obtain a Writ of Possession

The landlord must obtain a writ of possession from the court and have it served by the sheriff. The writ of possession gives the tenant a final opportunity to vacate the property before law enforcement forcibly removes them.

Frequently Asked Questions

1. Can I evict a tenant without a lease in Florida?

Yes, landlords can evict tenants in Florida without a lease by following the legal eviction process.

2. How long does the eviction process take in Florida?

The eviction process in Florida can take anywhere from a few weeks to several months, depending on the specific circumstances of the case.

3. Can I change the locks to evict a tenant without a lease in Florida?

No, changing the locks without a court order is illegal in Florida. Landlords must follow the proper eviction procedures to remove a tenant legally.

4. Can I collect unpaid rent from a tenant without a lease in Florida?

Yes, landlords can pursue unpaid rent from tenants without a lease through small claims court or other legal avenues.

5. What happens if the tenant refuses to vacate the property after the eviction order?

If the tenant refuses to leave the property after the eviction order, law enforcement will forcibly remove them.

6. Can I charge late fees to a tenant without a lease in Florida?

Landlords cannot charge late fees to tenants without a lease unless there was a prior agreement in place.

7. Can I terminate a month-to-month tenancy without a lease in Florida?

Yes, landlords can terminate a month-to-month tenancy by providing the required notice as specified by Florida law.

8. Can I evict a tenant for causing damages to the property without a lease?

Yes, landlords can evict tenants for causing damages to the property, even without a formal lease agreement.

9. Can I raise the rent for a tenant without a lease in Florida?

Landlords can raise the rent for tenants without a lease, but proper notice must be given as required by Florida law.

10. Can I show the property to potential tenants while the current tenant is still living there?

Landlords can show the property to potential tenants while the current tenant is still living there, but proper notice must be given as required by Florida law.

11. Can I evict a tenant without a lease for violating the terms of an oral agreement?

Yes, landlords can evict tenants without a lease for violating the terms of an oral agreement if proper notice is given.

12. Can I withhold the security deposit for a tenant without a lease in Florida?

Landlords can withhold the security deposit for damages or unpaid rent, but must follow Florida laws regarding the return of security deposits.

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