How to Evict a Family Member From Your Home in Florida
Sometimes, difficult situations arise where it becomes necessary to evict a family member from your home in Florida. This process can be emotionally challenging, but it is important to understand the legal steps involved to protect your rights as a homeowner. This article will guide you through the eviction process in Florida and answer some frequently asked questions to help you navigate this difficult situation.
1. Understand the legal relationship: Determining the legal relationship between you and the family member is crucial, as it determines the eviction process. If the family member is a tenant with a lease agreement, you must follow the standard eviction process. However, if there is no lease agreement, they may be considered an occupant, and the process may differ slightly.
2. Provide written notice: Regardless of the legal relationship, you must provide the family member with written notice to vacate the premises. The notice period varies depending on the reason for eviction. For non-payment of rent, you must give three days’ notice. For other lease violations, you must provide 15 days’ notice. If there is no lease agreement, you must give 30 days’ notice.
3. File an eviction lawsuit: If the family member fails to vacate the premises within the specified notice period, you must file an eviction lawsuit in court. This involves completing the necessary forms and paying the filing fee. It is advisable to consult with an attorney to ensure you follow the correct legal procedures.
4. Serve the family member with a summons: Once the lawsuit is filed, the family member must be served with a summons and a copy of the eviction complaint. This can be done by a sheriff or a process server. The family member then has a limited time to respond to the complaint.
5. Attend the eviction hearing: If the family member contests the eviction, a hearing will be scheduled. Both parties will have the opportunity to present their case, and the judge will make a decision. If the judge rules in your favor, you will be granted a judgment of possession.
6. Obtain a writ of possession: If the family member still refuses to vacate the premises after the judgment, you must obtain a writ of possession from the court. This writ authorizes the sheriff to physically remove the family member and their belongings from your property.
7. Engage law enforcement: Once you have the writ of possession, you must contact the sheriff’s office to schedule the eviction. The sheriff will oversee the process and ensure it is carried out legally and peacefully.
FAQs:
1. Can I evict a family member without a lease agreement?
Yes, you can evict a family member without a lease agreement by providing them with a 30-day written notice to vacate.
2. What if a family member refuses to leave after the eviction judgment?
If a family member refuses to leave after an eviction judgment, you must obtain a writ of possession and involve law enforcement to enforce the eviction.
3. Do I need an attorney to evict a family member?
While it is not mandatory, consulting with an attorney is highly recommended to ensure you follow the correct legal procedures and protect your rights throughout the eviction process.
4. Can I change the locks to prevent a family member from entering my property?
No, changing the locks without following the legal eviction process is illegal. You must obtain a court order for possession and involve law enforcement to remove the family member.
5. Can I evict a family member for non-payment of rent?
Yes, you can evict a family member for non-payment of rent by providing them with a three-day written notice to pay or vacate.
6. Can I request financial compensation for unpaid rent during the eviction process?
Yes, you can include a claim for unpaid rent in your eviction lawsuit. If the judge rules in your favor, they may order the family member to pay the outstanding rent amount.
7. Can I evict a family member during the COVID-19 pandemic?
Eviction laws during the COVID-19 pandemic may be subject to specific regulations and protections. It is advisable to consult with an attorney to understand the current legal landscape and any relevant restrictions or moratoriums in place.
In conclusion, evicting a family member from your home in Florida can be a challenging process. It is essential to follow the correct legal procedures, provide written notice, file an eviction lawsuit if necessary, and involve law enforcement if the family member refuses to leave. Consulting with an attorney throughout the process can help ensure you protect your rights and navigate this difficult situation effectively.