How to Remove a Family Member From Your Home in Florida: The Complete Guide

Whether you need to remove an adult child, a sibling, a parent, an ex-partner, a roommate, or a friend who won't leave — if there's no lease and no rent agreement, Florida law treats every one of these situations the same way. This guide walks through each scenario, and the one legal process that applies to all of them.

Removing an Adult Child From Your Home

One of the most common — and hardest — versions of this situation. If your adult son or daughter never paid rent and never had a lease, the relationship doesn't change the legal process: you'll need to file an Unlawful Detainer, not a standard eviction. Read the full guide on evicting an adult child →

Removing a Parent, Sibling, or Other Relative

The same rule applies regardless of which family member is involved — a parent, sibling, cousin, or any other relative who was allowed to stay but never paid rent falls under the same Unlawful Detainer process. Florida law looks at whether a rent agreement existed, not at the specific family relationship.

Removing an Ex-Boyfriend, Ex-Girlfriend, or Ex-Spouse

When a relationship ends and your former partner won't move out, the same question applies: was there ever a lease or rent agreement? If not, this is an Unlawful Detainer situation. Read the full guide on removing an ex-partner →

Removing a Roommate Who Isn't on the Lease

If a roommate moved in informally and never paid you rent directly, they generally have no legal right to remain — even if you're the one actually on the lease with your landlord. Read the full guide on removing a roommate →

Removing a Friend or Houseguest Who Won't Leave

A short visit that became indefinite is one of the most common versions of this problem. If your guest never paid rent and never signed anything, the same Unlawful Detainer process applies — regardless of how long they've stayed.

The Actual Legal Process, Step by Step

Whichever scenario above matches your situation, the legal path is the same:

1. Confirm no rent agreement, verbal or written, ever existed
2. File a Complaint for Unlawful Detainer with your county's Clerk of Court
3. Have the occupant served with a Summons
4. If they don't respond within 5 business days, pursue a default judgment
5. If they do respond, the case proceeds to a hearing
6. Once a Judgment for Possession is entered, the Sheriff can execute a Writ of Possession

What you cannot do, in any of these situations, is remove someone yourself — changing locks, removing belongings, or shutting off utilities is illegal in Florida regardless of the relationship, and can create real financial liability. Read more about the risks of self-help removal →

Your Solution Partner prepares Unlawful Detainer filings for all of these situations, starting at $99.