Miami, FL asked in Landlord - Tenant for Florida

Q: FL Eviction Law for Girlfriend And Son With No Written Lease?

How do I evict my longtime girlfriend and her 19 year old son without a lease but a spotty record of $300/month payments

to live here since 2012? She stopped paying 9 months ago though and I don't see the procedure to evict without a written lease?

If I show a payment history whereby she paid this monthly $300 as she agreed upon moving here in 2012, will this be enough to establish the fact? Lastly, can I recoup non-paid months?Thanks.

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1 Lawyer Answer
Jennifer Hanson Copus
Jennifer Hanson Copus
  • Landlord Tenant Lawyer
  • Fort Walton Beach, FL
  • Licensed in Florida

A: If this was an oral lease agreement, then you may serve her with a notice for nonpayment of rent (3-day notice). Or you can send her a notice of termination and give her 15 days to vacate (assuming that she was paying rent on a monthly basis). If there was no oral lease agreement, then you will need to eject her from the premises. Eviction is the process when there is a lease (whether oral or written), ejectment is the process of removal when there is no lease.

Bruce Alexander Minnick agrees with this answer

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