How to Evict a Boyfriend in Florida: A Step-by-Step Guide
Ending a relationship is never easy, and when you live together, it becomes even more complicated. If you find yourself in a situation where you need to evict your boyfriend in Florida, there are certain legal processes you must follow. This article will guide you through the steps, ensuring a smooth and lawful eviction.
Step 1: Review your Rental Agreement
Before initiating any eviction process, it’s crucial to review your rental agreement. If both your names are on the lease, you will need to consult with your landlord or property manager to discuss your options. However, if you are the only tenant listed on the lease, you have the legal right to evict your boyfriend.
Step 2: Provide Notice
In Florida, you must provide written notice to your boyfriend informing him of the termination of the tenancy. The notice period depends on the type of lease agreement you have. For month-to-month leases, a 15-day notice is required. For fixed-term leases, the notice should be given at least 30 days before the end of the lease term.
Step 3: File an Eviction Lawsuit
If your boyfriend refuses to vacate the premises after the notice period, you will need to file an eviction lawsuit. Begin by visiting your local county courthouse and filing a complaint for eviction. Ensure you have all the necessary documentation, including a copy of the lease agreement and the written notice you provided.
Step 4: Serve the Eviction Papers
Once you have filed the complaint, you will need to have the eviction papers served to your boyfriend. The sheriff’s office or a process server can handle this task. It is important to follow the proper legal procedures to ensure the eviction process is valid.
Step 5: Attend the Eviction Hearing
After the eviction papers have been served, a court date will be scheduled. Attend the eviction hearing and present your case to the judge. It’s crucial to have all the necessary documentation and evidence to support your claims. If the judge rules in your favor, a writ of possession will be issued, and your boyfriend will be legally obligated to vacate the premises within a specified time frame.
Step 6: Enforce the Writ of Possession
If your boyfriend fails to leave the premises voluntarily after the court’s ruling, you must contact the sheriff’s office to enforce the writ of possession. The sheriff’s office will schedule a date and time to remove your boyfriend from the property. It is important to note that only law enforcement officers can physically remove someone from a property.
Step 7: Change the Locks and Secure the Property
Once your boyfriend has been lawfully evicted, it is essential to change the locks and secure the property. This will prevent any unauthorized access and ensure your safety.
1. Can I evict my boyfriend if he is not on the lease?
Yes, if you are the only tenant listed on the lease, you have the legal right to evict your boyfriend.
2. How long does the eviction process take in Florida?
The eviction process typically takes around 30 to 60 days, depending on various factors such as court availability and the tenant’s compliance.
3. Can I evict my boyfriend without providing written notice?
No, you must provide written notice to terminate the tenancy, as required by Florida law.
4. Can I physically remove my boyfriend from the property?
No, only law enforcement officers can physically remove someone from a property. You must involve the sheriff’s office to enforce the eviction.
5. What if my boyfriend refuses to leave after the eviction hearing?
If your boyfriend refuses to leave after the eviction hearing, you must contact the sheriff’s office to enforce the writ of possession.
6. Can I change the locks after the eviction?
Yes, once your boyfriend has been lawfully evicted, it is recommended to change the locks to ensure your safety and prevent unauthorized access.
7. Can I dispose of my boyfriend’s belongings after the eviction?
No, you cannot dispose of your boyfriend’s belongings immediately. Florida law requires you to store the belongings for a specific period and provide notice to your boyfriend regarding their retrieval.
Remember, evicting a boyfriend in Florida requires following the proper legal procedures. It is advisable to consult with an attorney specializing in landlord-tenant law to ensure you adhere to all the necessary requirements.