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[FL] Can a family member landlord force out a month-to-month tenant without an eviction process?

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This sounds like you may need to begin the non-renewal of tenancy process. The non-renewal of tenancy process applies to all landlords and tenants. The law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Non-renewal procedures also apply to master and subtenants as well. FL Statutes Section 83.57 says generally that a 30-day notice prior to the end of any monthly period is required. For tenants who pay rent, this means that they must be given notice at least 30 days before their rent is due again (longer if the tenant was on a yearly lease and shorter if the tenant paid weekly)(FL Stat § 83.57). For tenants who do not pay rent, the 30-day notice may be given at any time. A simple written notice of non-renewal, given to the tenant or taped to the door (and a copy mailed to the property), is sufficient. If the person does not leave, the law allows you to then seek an eviction through the courts. This process takes about 10-14 days from the day you file and the constable in your county can help come evict the tenant.

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Hello, I currently live in the state of Florida and our landlord, who is family, is trying to force us to move out even though rent has been paid. We do not have a written lease so we are considered month to month tenants. We have receipts of our rent payments available. Legally, they cannot proceed to force us out without going through the proper eviction process.

Lexi

Lexi, Chatbot

I understand how stressful it can be to deal with a family member as a landlord in this situation. Can you tell me how long you have been living in the property?

8 years.

Lexi

Lexi, Chatbot

Have you had any formal communication with your landlord regarding their intention to evict you?

Not sure.

Lexi

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction issue.

No.

Legal Eagle

Legal Eagle

Hello, I'm Legal Eagle. I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like.

Legal Eagle

Legal Eagle

This sounds like you may need to begin the non-renewal of tenancy process. The non-renewal of tenancy process applies to all landlords and tenants. The law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Non-renewal procedures also apply to master and subtenants as well. FL Statutes Section 83.57 says generally that a 30-day notice prior to the end of any monthly period is required. For tenants who pay rent, this means that they must be given notice at least 30 days before their rent is due again (longer if the tenant was on a yearly lease and shorter if the tenant paid weekly)(FL Stat § 83.57). For tenants who do not pay rent, the 30-day notice may be given at any time. A simple written notice of non-renewal, given to the tenant or taped to the door (and a copy mailed to the property), is sufficient. If the person does not leave, the law allows you to then seek an eviction through the courts. This process takes about 10-14 days from the day you file and the constable in your county can help come evict the tenant.

Legal Eagle

Legal Eagle

134,901 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Legal Eagle
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