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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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