[FL] How do I get my family members off my property if there's no lease?
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Unlawful detainer is used when someone is living on your property without a lease or any legal right to stay there, and they refuse to leave when asked. Since your brother and his family were originally allowed to stay there by your father, presumably without a formal lease or rental agreement, their right to occupy the property likely ended when your father passed away.
If you now have ownership or legal control over the property (through a will, trust, or deed transfer), you have the right to ask them to leave. If they don’t, you can move forward with filing an unlawful detainer (F.S. 82).
Before filing anything with the court, you’ll need to formally ask them to vacate the property. It’s best to do this in writing, even if you’ve already spoken with them. A short letter that clearly states you are the property owner and that they need to leave by a specific date (usually giving them at least a few days) can help show the court that you’ve made an effort to resolve things peacefully. Send it by certified mail so there’s a record that they received it.
If they still refuse to leave after that notice, your next step is to file an unlawful detainer complaint in the county court where the property is located. The form is fairly simple and asks you to explain that the people living there have no lease, no legal right to be on the property, and are refusing to leave after being asked. You’ll also need to file a summons, which the court clerk will prepare. Then, you arrange for a process server or the sheriff to serve the paperwork on your brother and his family. That part is important—you can’t just hand them the documents yourself (F.S. 82.05).
Once they’re served, they have five days to respond to the court. If they don’t respond, you can ask the judge for a default judgment, which basically says you win by default because they didn’t answer. If they do respond and try to fight the case, the judge may set a hearing to decide who has the right to possession of the property. In most cases like this, where there’s no lease or legal right to stay, the court sides with the property owner.
Assuming the court grants the unlawful detainer, the judge will issue a judgment for possession. That order goes to the sheriff, who will post a 24-hour notice on the door. If they’re still there after the 24 hours, the sheriff can remove them.
This whole process can take a few weeks, depending on how busy the court is and whether your brother files anything in response. But compared to other legal actions like eviction or ejectment, unlawful detainer tends to be more direct and quicker when there’s no landlord-tenant relationship involved.
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How do I get family members off my property who took up residence while my father was alive and lived there for free?
I understand this must be a difficult situation. Have these family members been formally asked to leave?
Yes, but they are still there.
Are they listed on any legal documents like a lease or deed?
No.
Is there anything else the lawyer should know before I connect you?
Neither party had an agreement with my dad. They just moved onto the property—one lives in an RV and the other converted a shed into a house. They padlocked all three gates to my 2.5-acre property with a mobile home. I cut the chain, went in, and started cleaning my father’s possessions. They called the police, who told them they couldn’t deny me access. I told them to clean up their mess and leave. They called the police again and claimed I was harassing them. This time, the police told me to evict them. Should I call the police again, reference the new law, and ask them to remove them? This is in Bronson, Florida—a tiny town that is very MAGA. The squatters are my brother, his son, and his grandkids. The electric company said I couldn’t disconnect the power, even though it’s illegally hooked up to the shed and RV. They also said I couldn’t stop paying the bill. But my brother paid it yesterday.
Hi there, and welcome to AskaLawyer. My name is Brandon, and I'm an attorney. I’d be happy to help you out today.
Thank you.
Unlawful detainer is used when someone is living on your property without a lease or any legal right to stay there, and they refuse to leave when asked. Since your brother and his family were originally allowed to stay there by your father, presumably without a formal lease or rental agreement, their right to occupy the property likely ended when your father passed away.
If you now have ownership or legal control over the property (through a will, trust, or deed transfer), you have the right to ask them to leave. If they don’t, you can move forward with filing an unlawful detainer (F.S. 82).
Before filing anything with the court, you’ll need to formally ask them to vacate the property. It’s best to do this in writing, even if you’ve already spoken with them. A short letter that clearly states you are the property owner and that they need to leave by a specific date (usually giving them at least a few days) can help show the court that you’ve made an effort to resolve things peacefully. Send it by certified mail so there’s a record that they received it.
If they still refuse to leave after that notice, your next step is to file an unlawful detainer complaint in the county court where the property is located. The form is fairly simple and asks you to explain that the people living there have no lease, no legal right to be on the property, and are refusing to leave after being asked. You’ll also need to file a summons, which the court clerk will prepare. Then, you arrange for a process server or the sheriff to serve the paperwork on your brother and his family. That part is important—you can’t just hand them the documents yourself (F.S. 82.05).
Once they’re served, they have five days to respond to the court. If they don’t respond, you can ask the judge for a default judgment, which basically says you win by default because they didn’t answer. If they do respond and try to fight the case, the judge may set a hearing to decide who has the right to possession of the property. In most cases like this, where there’s no lease or legal right to stay, the court sides with the property owner.
Assuming the court grants the unlawful detainer, the judge will issue a judgment for possession. That order goes to the sheriff, who will post a 24-hour notice on the door. If they’re still there after the 24 hours, the sheriff can remove them.
This whole process can take a few weeks, depending on how busy the court is and whether your brother files anything in response. But compared to other legal actions like eviction or ejectment, unlawful detainer tends to be more direct and quicker when there’s no landlord-tenant relationship involved.
Thank you. Very helpful.
You’re very welcome. Thanks for using AskaLawyer.
