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Florida Eviction & Unlawful Detainer: Frequently Asked Questions

Answers to the most common questions about Florida evictions and Unlawful Detainer filings.

What is Unlawful Detainer in Florida?

Unlawful Detainer is a Florida county court lawsuit under Chapter 82 used to remove someone from your property when there is no lease and no rent agreement, verbal or written. It applies when the person is not a tenant, but refuses to leave.

What's the difference between eviction and unlawful detainer?

An eviction (Chapter 83) applies when a landlord-tenant relationship exists, meaning rent was owed or agreed to. Unlawful Detainer (Chapter 82) applies when no such agreement ever existed. Filing the wrong one usually gets a case dismissed.

Can I evict a family member with no lease in Florida?

Not with a standard eviction. If there's no lease and no rent agreement, Florida law requires an Unlawful Detainer filing instead, regardless of the family relationship.

How much does an Unlawful Detainer cost in Florida?

Approximately $300 for the filing fee, plus about $10 per defendant for summons issuance and about $40 per defendant for Sheriff service. A separate fee applies later to execute the Writ of Possession. Exact fees vary by county.

How long does an eviction take in Florida?

Timelines vary significantly by county and whether the case is contested. An uncontested case with proper filings tends to move faster; a contested case requiring a hearing takes longer. There is no fixed statewide timeline.

What is a 3-Day Notice in Florida?

A 3-Day Notice is the required notice for non-payment of rent evictions, giving the tenant 3 business days (excluding weekends and legal holidays) to pay rent or vacate before a landlord can file for eviction.

What is a 7-Day Notice in Florida?

A 7-Day Notice is used for lease violations other than non-payment, such as unauthorized occupants or property damage, giving the tenant 7 days to correct the violation or vacate.

Do I need to give notice before filing an Unlawful Detainer?

No, Florida law does not legally require a written notice before filing an Unlawful Detainer. However, many county court self-help packets recommend sending one anyway as good practice, commonly with a 3-day window.

Can I evict a guest who won't leave in Florida?

Yes, if there was never a lease or rent agreement, an Unlawful Detainer action allows a property owner to legally remove a guest who refuses to leave.

Can I evict my adult child in Florida?

Yes. If there is no lease and no rent agreement, the same Unlawful Detainer process applies to an adult child as to any other occupant with no legal right to remain.

Do I need a lawyer to file an Unlawful Detainer?

No. Florida allows individuals to file pro se, using court-approved forms. Many people also use a document preparation service to have the forms typed correctly, or consult an attorney for complex situations.

Can the police remove someone from my house in Florida?

Generally, law enforcement treats an unwanted occupant as a civil matter and will direct you to the court process, except in cases involving immediate safety concerns or criminal conduct.

Is it illegal to change the locks on someone in Florida?

Yes. Self-help removal, such as changing locks, removing belongings, or shutting off utilities, is illegal in Florida regardless of the situation and can expose the property owner to legal liability.

How many days does a tenant have to respond to an eviction lawsuit?

Once served, an occupant generally has 5 business days (excluding weekends and legal holidays) to file a written response with the court.

What happens if the occupant doesn't respond?

If no response is filed within the response window, the property owner may request a default judgment, which can lead to a Judgment for Possession and a Writ of Possession without a hearing.

What documents do I need to file an Unlawful Detainer?

Typically a Complaint for Unlawful Detainer, a Summons per defendant, an Affidavit of Ownership if filing pro se, and a Certificate of Mailing if the Sheriff cannot personally serve the occupant.

Can I get the filing fee waived if I can't afford it?

Possibly. Florida allows an Application for Determination of Civil Indigent Status. If approved, the filing fee, summons fee, and the Sheriff's initial service fee can be waived. The separate fee to execute the final Writ of Possession is not waived.

What happens at an Unlawful Detainer hearing?

If the occupant files a response, both sides attend a hearing before a judge, not a jury. The property owner has the burden of proving no lease or rent agreement ever existed, using evidence that conforms to Florida's Rules of Evidence.

What is a Writ of Possession?

A Writ of Possession is issued by the Clerk of Court after a judge signs a Judgment for Possession. It authorizes the Sheriff to physically remove the occupant if they have not left voluntarily.

Can I evict someone without going to court in Florida?

No. Florida law requires a formal court process for removing an occupant, whether through eviction or Unlawful Detainer. Self-help removal without a court order is illegal.

What is a Non-Military Affidavit and why is it required?

A Non-Military Affidavit confirms the defendant is not on active military duty, as required by the federal Servicemembers Civil Relief Act. It's required before a court will sign a default judgment.

Can a verbal agreement count as a lease in Florida?

Yes, potentially. A verbal agreement to pay rent, even informal, can create a landlord-tenant relationship, which would require a standard eviction instead of an Unlawful Detainer.

How long can a guest stay before they become a tenant in Florida?

Florida law doesn't set an automatic time limit that converts a guest into a tenant. What matters legally is whether rent was ever paid or agreed to, not simply how long someone has stayed.

Can I evict my ex-partner from my home in Florida?

Yes, if there was no lease and no rent agreement between you, an Unlawful Detainer action can be used to legally remove an ex-partner who refuses to leave.

What is the cost difference between eviction and unlawful detainer in Florida?

Both generally involve similar statutory court fees, roughly in the same range, though exact costs vary by county. The key difference is which legal process applies, not a significant cost difference between them.

How do I find an unlawful detainer attorney in Florida?

The Florida Bar Lawyer Referral Service can connect you with a licensed attorney. Many straightforward Unlawful Detainer cases, however, can be handled pro se with correctly prepared documents, without needing full legal representation.

What is Ejectment, and how is it different from Unlawful Detainer?

Ejectment applies when the occupant claims actual ownership or title to the property, such as producing a deed. It's filed in Circuit Court under Chapter 66, a different and more complex process than Unlawful Detainer. Read the full comparison →

Does Florida's 2024 squatter removal law apply to family members?

No. Florida's fast-track squatter removal law (Section 82.036) explicitly excludes immediate family members and anyone who was ever given permission to be on the property. Family members and former guests still require an Unlawful Detainer filing. Read more →

Can I sue for wrongful eviction in Florida?

Yes. Florida Statute 83.67 makes self-help eviction, such as changing locks or shutting off utilities, illegal, with real financial liability. Read more →

What is a hardship stay of eviction in Florida?

A hardship stay temporarily delays a standard eviction after judgment has already been entered, for tenants facing a genuine crisis. It generally applies to standard evictions, not Unlawful Detainer cases. Read more →

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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. Official self-help forms and instructions are also available free of charge through the Florida Courts Self-Help Center and the Florida Bar's consumer information pages.