Last Updated on December 11, 2023 by Amanda Rose
In Florida, homeowners have the right to control who enters their property and who stays. However, when it comes to kicking someone out of their house, the rules can be a bit tricky. Can you kick someone out of your house in Florida? The answer is not a simple yes or no.
Under Florida law, there are certain circumstances in which a homeowner can legally evict someone from their property. For example, if someone is renting a room in the house and fails to pay rent, the homeowner can take legal action to evict them. Additionally, if someone is trespassing on the property, the homeowner can call the police and have them removed.
However, if someone has been living in the house for an extended period of time and has established residency, the process of evicting them becomes more complicated. In this situation, the homeowner may need to go through the formal eviction process, which includes serving the resident with a notice of eviction and going through the court system.
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Understanding Eviction Laws in Florida
Legal Grounds for Eviction
In Florida, a landlord can evict a tenant for various reasons, including non-payment of rent, violation of lease terms, and criminal activity on the property.
The Florida Statutes, Chapter 82 outlines the legal grounds for eviction, and it is important for both landlords and tenants to understand these laws to avoid any misunderstandings or legal issues.
The Eviction Process
The eviction process in Florida starts with the landlord serving a notice to the tenant, which can be a 3-Day Notice or a 7-Day Notice depending on the reason for the eviction.
If the tenant fails to comply with the notice, the landlord can file an eviction complaint with the circuit court. The tenant will then receive a summons and complaint, and a hearing will be scheduled.
Role of the Court and Sheriff
At the hearing, both the plaintiff (landlord) and defendant (tenant) will present their case, and the judge will make a decision. If the judge rules in favor of the landlord, a court order will be issued, and the sheriff will serve the tenant with an eviction notice. If the tenant fails to vacate the property, the sheriff will physically remove them and their belongings from the property.
Overall, understanding the eviction laws in Florida is crucial for both landlords and tenants to ensure that they are following the legal process. It is important to note that eviction can be a complex and emotional process, and seeking legal advice is recommended to navigate the process successfully.
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Dealing with Unauthorized Occupants
When someone overstays their welcome in a residence, it can be a tricky situation to handle. In Florida, the law provides several options for dealing with unauthorized occupants.
Ejectment and Unlawful Detainer Actions
Ejectment is a legal action that can be taken by a property owner to remove an unauthorized occupant from their property. This action is typically used when the unauthorized occupant is not a tenant. Unlawful detainer, on the other hand, is used when the unauthorized occupant is a tenant who is not paying rent or violating other terms of the lease agreement.
Addressing Squatters and Trespassers
Squatters and trespassers are unauthorized occupants who have no legal right to be on the property. In Florida, property owners can take legal action against them to remove them from their property. However, it is important to follow the legal process and not take matters into your own hands, as this can lead to legal consequences.
Legal Remedies and Damages
When dealing with unauthorized occupants, property owners may be entitled to legal remedies and damages. The specific remedies and damages will depend on the circumstances of the case.
For example, if the unauthorized occupant caused damage to the property, the property owner may be able to seek compensation for those damages. It is advisable to seek the assistance of an attorney to help navigate the legal process and ensure that all legal requirements are met.
Frequently Asked Questions
What is the legal process for evicting a family member with no lease in Florida?
In Florida, if a family member has no lease, the legal process for evicting them is called an “ejectment.” The first step is to provide the family member with a written notice to vacate the property. If the family member does not leave, the next step is to file a complaint for ejectment with the court. The family member will then have a certain amount of time to respond to the complaint.
What steps are involved in filing an ejectment to remove someone from your property in Florida?
To file an ejectment in Florida, the first step is to provide the person with a written notice to vacate the property. If the person does not leave within the time frame specified in the notice, the next step is to file a complaint for ejectment with the court. After the complaint is filed, the person will have a certain amount of time to respond. If the court rules in favor of the property owner, a writ of possession will be issued and the person will be required to leave the property.
How much time is typically required to complete an ejectment in Florida?
The time required to complete an ejectment in Florida can vary depending on the circumstances of the case. In general, it can take several weeks or months to complete the process. The length of time can be influenced by factors such as the complexity of the case and the availability of court resources.
What are the costs associated with an ejectment procedure in Florida?
The costs associated with an ejectment procedure in Florida can vary depending on the circumstances of the case. In general, the costs can include court filing fees, attorney fees, and other related expenses. The total cost can vary widely depending on the complexity of the case and the amount of time required to complete the process.
What legal defenses are available to fight an ejectment in Florida?
There are several legal defenses that can be used to fight an ejectment in Florida. These can include challenging the validity of the notice to vacate, arguing that the property owner did not have the right to evict the person, or claiming that the eviction would cause undue hardship or harm.
Under what circumstances can you legally remove a person from your house who refuses to leave in Florida?
In Florida, a person can be legally removed from a house if they refuse to leave after being given a written notice to vacate the property. The legal process for removing the person is called an ejectment. However, it is important to note that the person must be given a reasonable amount of time to vacate the property before legal action can be taken.
In conclusion, when dealing with unauthorized occupants in Florida, property owners have legal options available to them. Whether it is ejectment, unlawful detainer, or legal remedies and damages, it is important to follow the legal process and seek the assistance of an attorney when necessary.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Amanda Rose is a seasoned landlord with 13+ years of expertise in overseeing diverse properties. Her adept management spans single and family homes, along with multi-family apartments and condos, across Wyoming and South Dakota. Her commitment and proficiency have cemented her status as a thriving property management professional.
She is a member of the following organizations: Wyoming Landlord’s Association, National Association of Residential Property Managers (NARPM), Wyoming Apartment Association, South Dakota Multi-Housing Association (SDMHA), and South Dakota Landlord Association (SDLA).