How do I evict a tenant who never had a lease, in Florida?

Question

My husband allowed his friend to move into a house we owned without having her sign a lease agreement. Now, 1 year later, the friendship has soured and the tenant is a month behind in rent. We have left numerous phone and text messages with the tenant and all have been ignored. Technically, isn't this person now considered trepassing? The verbal agreement between my husband and this person was permission to occupy the property on the contigency that x*x amount was received by the 15th of each month as rent. Due to the lack of payment for this month, hasn't the person broken this agreement and therefore subject to being removed? I have seen different answers to this problem, has anyone experienced it and knows the proper handling?

Answer 1

Verbal agreements are not legally binding in Florida.  Go to the clerk of the courts office where the home is located and ask them for the eviction paperwork.  They won't offer any legal advise - they can't - but they usually help you with the paperwork if you have any questions.  Make sure you ask if you should use the 7-day notice or the 3-day notice.  The 7-day notice is used when you simply want the tenant out but has to be delivered to the tenant by hand or certified mail 15 days prior to the day the rent is due.  Because you don't have a written lease, I don't know if you'll be able to use the 7-day.  The 3-day is used when you want either the rent or the tenant out if the rent is not collected.  You can deliver this any time by hand or certified mail.  I'm not sure if each county differs from this point on as to which paperwork is used and how many days the tenant has to respond so ask the people in the clerks office what the timeline is for the actually eviction notice to be filed, the tenant's response with the clerk, your response to the response and finally the hearing with a judge.

Answer 2

You issue a 3 day Pay or Quit notice due to non-payment of rent. After the three days are up, you begin the eviction. Section 83.56(3), F.S. >2007->Ch0083->Section%2056#0083.56http://www.flsenate.gov/statutes/index.c...

Start the 3 day notice period ASAP!!!

Your hubby's friend is a month to month tenant by default.

In Florida, only 15 days notice is needed to terminate a month to month tenancy without cause. The termination date MUST coincide with the end of a rentla term. If you were to give notice today, it would not go into effect until August 15th, giving your hubby's friend until August 31st to vacate. Section 83.57, F.S.

>2007->Ch0083->Section%2057#0083.57http://www.flsenate.gov/statutes/index.c...

Answer 3

if you gave them the key your going to have to go to court.

Answer 4

I think you have the rights to evict the person when ever you want, since it hasn't been no written agreement only verbal...

Good Luck !!

Answer 5

Since you don't have  written lease you have what is called under the law a "statutory" lease.   Statutory leases govern situations where no written lease is present.  Statutory leases say that you have to give her as much notice, according to how often she pays rent.

Since she is paying you rent monthly, then you have to give her a 30-day written notice to vacate.  Send it certified mail with a return receipt.

You CANNOT legally throw her out overnight, and since you gave her the keys and permission to live there, she is not trespassing.

Here is what I would recommend that you do:

The REASON that you use for the legal eviction is important.  If you evict her for non-payment, and you go to court, all she has to do is come up with the past-due balance and the court will allow her to stay.

You actually need to evict her...just to evict her.  This is a legal reason...you don't have to have a reason.  It's your property.  She still has to pay you the balance due that she owes.

PS:  Florida's law in Real Estate that "verbal agreements are not legally binding" is only partially correct.  Leasing law is differnet from purchase law.

You can have a verbal lease to occupy a property, what you cannot have is a verbal lease for a certain period of time, verbally notify of fines, verbally require a 60 day instead of 30 day notice...things like that.

The only place that verbal agreements never apply is in real estat PURCHASES.