how to evict a family member in florida

3 min read 26-01-2025

Evicting a family member in Florida can be emotionally challenging and legally complex. Unlike evicting a tenant, the process involves navigating personal relationships alongside legal requirements. This guide outlines the steps involved, emphasizing the importance of seeking legal counsel early in the process. Understanding Florida's eviction laws is crucial to a successful and legally sound eviction.

Understanding Florida's Eviction Laws & Family Dynamics

Florida law treats family members differently than tenants. While you can't simply ask a family member to leave, ignoring the legal process can lead to serious consequences. The fact that the person is a family member doesn't excuse you from following proper eviction procedures. This is particularly important because emotional ties often complicate the situation, making it harder to remain objective and adhere to the legal process.

Determining Occupancy Rights

Before beginning the eviction process, you must determine if the family member has any legal right to occupy the property. Did they contribute to the purchase? Do they have a written lease agreement? Or are they simply residing there with your permission? These factors significantly impact the legal approach.

Written Agreement? The Importance of Documentation

If there's a written agreement (even informal), it governs the eviction process. This document could be a lease, a cohabitation agreement, or even an email outlining expectations and terms. Review this agreement carefully, as it will define the terms of the occupancy and potential consequences of noncompliance.

The Steps to Evicting a Family Member in Florida

Evicting a family member in Florida generally follows these steps:

1. Formal Notice to Vacate

This is the crucial first step. You must provide your family member with a legally sufficient notice to vacate. The exact type of notice required depends on the tenancy situation. A 30-day notice to vacate is common for month-to-month occupants. If there's a written lease, the lease itself will outline the proper notice period. Failure to provide proper notice invalidates the eviction.

Important Note: This notice must be delivered properly. Certified mail with return receipt requested is recommended to prove delivery. Hand delivery with a witness present is also acceptable.

2. Filing for Eviction (Unlawful Detainer Action)

If the family member refuses to vacate after receiving the proper notice, you must file an unlawful detainer action in Florida's county court. This is a formal legal process. You'll need to complete specific court forms and file them with the appropriate court. This process involves:

Preparing court documents: This includes the complaint, summons, and any supporting evidence. Attempting to do this without legal assistance is strongly discouraged.
Serving the family member: The court will issue a summons, which must be formally served on the family member. This confirms they are aware of the legal proceedings.

3. Court Hearing

After the family member is served, a court hearing will be scheduled. Both parties will have the opportunity to present their case. You must provide evidence supporting your claim for eviction. This could include the notice to vacate, proof of ownership, or any other relevant documentation.

4. Court Order

If the court rules in your favor, you'll receive an order for possession. This order gives you legal authority to remove the family member from your property. You must follow the order's instructions carefully.

5. Enforcement (If Necessary)

If the family member still refuses to leave after the court order, you can request law enforcement's assistance to have them removed. You cannot forcefully remove them yourself. This could lead to legal repercussions.

Seeking Legal Counsel: Why It's Crucial

Evicting a family member is highly sensitive. The legal process is intricate, and a misstep can seriously affect the outcome. Consult an attorney specializing in Florida eviction law. They can advise you on the correct procedure, help gather necessary documentation, and represent you in court. The cost of legal assistance is often far less than the potential costs of mistakes.

Frequently Asked Questions (FAQs)

Q: Can I change the locks before getting a court order?

A: No, changing the locks before obtaining a court order is illegal and could lead to legal trouble.

Q: What if my family member damages the property?

A: Document all damage with photos and videos. This evidence will be helpful during the court proceedings. You may be able to recover damages through the court.

Q: How long does the eviction process take?

A: The process varies, but it can take several weeks or even months.

Evicting a family member in Florida requires navigating emotional and legal complexities. By understanding the process and seeking legal guidance, you can navigate this difficult situation efficiently and legally. Remember, proceeding without proper legal counsel is strongly discouraged.