If I have a tenant in my home without a lease but they refuse to pay rent and I need to move into the home, can I move in and force them to leave?

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If I have a tenant in my home without a lease but they refuse to pay rent and I need to move into the home, can I move in and force them to leave?

Asked on August 24, 2012 under Real Estate Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

You can evict them through a court process.  You cannot just move in and you cannot use force.  If they were supposed to pay rent but are not paying it, you can give them a notice to pay the rent or move within three business days.  This has to be written properly and delivered properly.  The court in your area will probably have forms available online that you can use.  Be sure to follow every rule carefully.

If the tenants were not supposed to pay rent, or they are paying it, you can still evict them.  Under these circumstances, you have to give the tenants more time but you can require them to leave.  Google Florida Statutes sections 83.56 and 83.57.  These are the sections that tell you how to terminate a tenancy. 


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