Do Ineed to file for an eviction in order to kick someone out if there was no lease?

UPDATED: Feb 8, 2012

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Do Ineed to file for an eviction in order to kick someone out if there was no lease?

Asked on February 8, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The issue isn't whether there was a written lease or not--it's whether the person is a tenant.

If they are paying rent for the premises--whether that premises is a home, a shop, an apartment, a bedroom, etc.--they are a tenant. If they are a tenant without a written lease, they are a month-to-month tenant on an oral lease. You can terminate their tenancy on 30 days notice, but if they then don't leave, you have to file an eviction action in court.

If they are not paying--and also do not have any ownership interest in the premises--they are a guest. A guest remains only as long as you give them permission to, and you may revoke your permission at will.  If they do not then leave when you ask them to, you should be able to call the police for assistance; be advised, though, that sometimes the police do not wish to get involved, especially if there is any chance the person may have been a tenant (for example, if the person claims he or she did pay something towards rent in some way). In that case, you may still, as a practical  matter, find yourself having to file an eviction action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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