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How to Evict a Family Member in Florida

It all probably started out well enough. You and a family member decided to become roommates to share expenses or a family member asked to move in because he or she needed a place to stay. Things were fine for awhile, but after time, they started to go downhill and now it's time for your cousin, son, daughter or other family member to leave. Except he or she won't. So what do you do? How do you evict a family member in Florida?

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Evicting a Florida Family Member is Tricky

As living expenses rise, more family members are living together as a way to save money. As a result, more people are discovering that living with a family member is not all it's cracked up to be. Some family members want to party all night.

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Others think house rules apply to everyone but them. As obnoxious as your family member might be, though, getting rid of him or her depends on a number of factors.

Is Your Family Member on the Lease?

If your family member is on the lease with you, then you have no authority to kick him or her out. That authority lies directly with the landlord, but even a landlord needs a legally valid reason to throw someone out if that person is on the lease. These reasons usually include not paying rent, using the home for illegal purposes or otherwise breaking the terms of the lease in some way.

The exception to this is if your uncle, son, cousin or other family member is threatening you or is violent toward you. If this is the case, then you can get a restraining order and your family member must leave immediately.

It's worth remembering that a relative on the lease with you is actually a co-tenant and has much right to live in the rental space as you do.

Now What?

Unfortunately, if you live in Florida, then your options are limited if your family member is on the lease. You can try asking him or her to leave, but this doesn't always work and can lead to more conflict.

If you and your family member signed an agreement outlining rules of the house, everything from noise limits to cleaning duties and he or she breaks the agreement, then you probably cannot evict but you can sue for damages in small claims court.

Examples include your family member having loud parties that keep you from getting your work done if you work at home or your family member not paying his or her share of the utilities.

While these situations could be grounds for suing, the risk is that if you sue, you may anger your family member but not enough to make him or her move out.

You can try talking to your landlord to see if he can get your son, brother, aunt or other family member to budge, but most landlords are content to leave things be as long as they are getting their rent and their property is not being damaged.

An exception would be if you can show the landlord that your family member is breaking the lease in some way, such as selling drugs from the home (illegal use of the property) or has a dog when pets are specifically forbidden in the lease.

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You have to be careful, though, because your family member could claim that the dog belongs to both of you and your landlord could decide to evict you and your family member. In Florida, this is particularly true if your lease has a joint and/or several liability clause, which essentially means that all the tenants on a lease can be held responsible for what other tenants do.

Your landlord might be a reasonable person (or corporation), though, and decide to evict only your family member. If this is the case, understand that it will take time. Your landlord must follow the law, which involves giving your relative notice of the eviction and time to remedy the situation.

For example, if the grounds for the eviction are that your son has a dog and pets are forbidden according to the lease, then your landlord has to give your son adequate time to find the dog a new home. If your son does this, then he cannot be evicted. He can stay in the home and chances are he will not be happy with you.

It is possible, too, that your family member may just ignore the eviction notice and decide to stay in the home. In this case, your landlord will have to go to court to ask a judge to tell your family member to go. If the judge agrees, then the sheriff will come to escort your family member out of the property. If, though, your landlord loses in court, then your family member can stay.

Things You Cannot Do with Regard to a Florida Family Member Roommate

No matter how much you want your family member to leave, there are things that the state of Florida says you cannot legally do to make him or her vacate the home.

For example, you cannot threaten him or her. You cannot change the locks. You cannot take your family member's personal property. If you do, you may be looking at criminal charges. No family member, now matter how annoying, is worth that.

Is Your Family Member Not on the Lease?

If your daughter, son-in-law, cousin or other relative is not on the lease then you have more options for getting rid of him or her.

Be careful here, though. If your family member is not on the lease because he or she came to stay with you without your landlord knowing, then you might be the one breaking the lease terms and end up facing eviction.

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If, though, you have a family member with your landlord's express or implicit permission - many landlords will let a family member stay in the home without signing the lease, or they will turn a blind eye to an extra tenant - then your family member is considered a subletter with a sublease and can evict your roommate.

This is because while Florida only lets landlords file eviction lawsuits, it also defines a landlord as someone who is leasing a property. So if you are on the lease but your family member is not, then you are considered a landlord and can file an eviction lawsuit against your family member.

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There are rules to follow, though. Florida requires that you give your relative at least three days notice to find a new place to live and move out if your family member has not paid rent. You must give seven days' notice if he or she has broken some other part of the sublease. If you and your family member have a month-to-month agreement, then you must provide him or her with 15 days' notice to leave the apartment.

Hand the notice to your family member, and send the notice via certified mail so that you have proof that he or she received it. Keep a copy.

If your family member ignores the eviction notice, then you can file a Summons and a Complaint with the local county clerk. If your family member does not respond to the Summons and Complaint within five days, then you will need a "clerk’s motion" to have the court evict him. This means going to court.

In court, be prepared to state your case clearly. Present any and all documentation you have. Also be prepared to be stuck with your relative and have to pay his or her legal costs if you lose the case.

If your landlord is aware of your family member and you are on good terms with your landlord, then you might ask your landlord to help you evict your family member. The downside with this that is your landlord - even a tolerant one - might just decide to evict you and your family member and start fresh.

Bottom Line

The bottom line is evicting a family member in Florida is not easy. Evicting anyone anywhere is not easy, even for landlords with solid legal grounds. It is a complicated, contentious and often costly endeavor.

Get Help

Ask an Eviction Law Question, Get an Answer ASAP!

If, though, you have decided that you have no choice but to evict your family member, then it is a good idea to talk to an experienced Florida eviction lawyer before proceeding. One small misstep could mean that you are the one having to look for a new home.

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