How to Legally Remove Someone from Your House in Florida

Florida law distinguishes between tenants (lease/rent agreement) and non-tenant occupants (guests, family, squatters). The process differs.

Scenario A: No Lease / Non-Tenant (Guest, Partner, Relative, Squatter)

1. Written Notice to Vacate — Deliver personally, certified mail, OR post on door. Give 7–15 days (no statutory minimum; "reasonable" = typically 7–14). State: "You have no tenancy; vacate by [date]."
2. If they stay: File Unlawful Detainer (eviction) in County Court (not Small Claims). Filing fee ~$185–$300.
3. Court Hearing: Scheduled 2–4 weeks out. Both sides present evidence. If judge rules for you → Judgment for Possession.
4. Writ of Possession: Clerk issues; Sheriff posts 24-hr notice; then physically removes occupant. Only the Sheriff can remove.
5. Contempt if they return: File motion → arrest, fines, jail possible.

Scenario B: Tenant (Lease / Rent Paid)

• Non-payment: 3-Day Notice to Pay or Vacate (statutory).
• Lease violation: 7-Day Notice to Cure or Vacate (curable); 7-Day Unconditional Quit (non-curable: damage, crime).
• Month-to-month: 15-Day Notice (if rent monthly).
• Then same court → Sheriff process.

Critical Don'ts

• ❌ Change locks / shut off utilities / remove belongings — illegal "self-help" eviction → liable for damages, attorney fees.
• ❌ Threaten / harass — criminal risk.

Get a Lawyer

Florida eviction law is technical (Ch. 83, F.S.). Errors = dismissal + delay. Many counties have free legal aid for landlords and tenants. Clerk's office has forms but not advice.