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How to Evict a Boyfriend or Girlfriend Who Won't Leave in Florida

When a relationship ends and your ex won't move out, the legal path depends on one thing: was there ever a lease or rent agreement between you? If not, Florida law requires an Unlawful Detainer filing, not a standard eviction.

Why This Isn't a Standard Eviction

A standard eviction requires a landlord-tenant relationship — rent owed or agreed to, verbally or in writing. If your ex-partner never paid rent and there was no lease, filing a standard eviction is the wrong process and will likely be dismissed.

What If We Split Bills Together?

This is worth thinking through carefully. If your ex ever contributed money specifically framed as rent, or there was an informal "you can stay if you help with expenses" arrangement, that could create a landlord-tenant relationship — meaning a standard eviction, not Unlawful Detainer, would actually be correct. If you're unsure, this is worth having evaluated before filing.

The Legal Process

Unlawful Detainer under Chapter 82 of the Florida Statutes is the process for removing someone with no lease and no rent agreement — the complaint is filed with your county's Clerk of Court, the person is served, and if they don't respond within 5 business days, you can pursue a default judgment.

What You Can't Do

Changing the locks, removing their belongings, or shutting off utilities to force them out is illegal in Florida, regardless of the relationship — this is true even for an ex-partner, and can expose you to real financial liability.

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Your Solution Partner is not a law firm and does not provide legal advice or legal representation. We provide document preparation, research, and informational services only, based on Florida court-approved forms and the facts you provide. No attorney-client relationship is formed.