How to Evict a Family Member in Florida
Florida law doesn't care that they're family — what it cares about is whether they pay rent, signed a lease, or have any ownership interest in the property. The legal path changes dramatically based on those facts.
Three legal paths in Florida, depending on facts: tenancy eviction (they pay rent — use Ch. 83 and a 3-Day or 15-Day Notice), unlawful detainer (they don't pay and have no ownership claim — use Ch. 82), ejectment (they claim some interest in the property — use Ch. 66). Self-help (changing locks, removing belongings) is illegal regardless of family status.
Which path applies to your situation
Tenancy eviction (Fla. Stat. Ch. 83)
"Rent" can be money, services, or contributions in lieu of money — Florida courts are flexible on what counts. If your family member pays anything regular for the right to stay, they have a tenancy. Serve a 3-Day Notice for non-payment or a 15-Day Notice to terminate the month-to-month tenancy. If they don't comply, file an eviction at the county clerk. See our full Miami-Dade eviction process guide.
Unlawful detainer (Fla. Stat. Ch. 82)
They live there but pay nothing AND have no claim to the property. Most "adult child won't move out" cases fit here. File a Complaint for Unlawful Detainer in county court (~$185 filing fee). Process is similar to eviction but uses Ch. 82. Typical timeline: 3–6 weeks uncontested.
Ejectment (Fla. Stat. Ch. 66)
They claim some interest — verbal promise of inheritance, signed a deed, helped pay the mortgage. Ejectment is filed in circuit court (not county court) and resolves their claimed interest before issuing possession. More complex, slower (60–120 days), and almost always requires a Florida real estate attorney.
If they're actually on the deed, ejectment doesn't apply — you'd need a partition action (Ch. 64) to force a sale or division.
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
Can I evict my adult child from my house in Florida?
Yes, but the legal path depends on whether they pay rent. If they pay (formally or informally), Florida treats them as a tenant — serve a 3-Day Notice for non-payment or a 15-Day Notice to terminate the implied month-to-month tenancy. If they don't pay anything, the path is typically unlawful detainer (Fla. Stat. Ch. 82) or ejectment (Ch. 66) depending on whether they have any ownership interest.
What's the difference between unlawful detainer and ejectment in Florida?
Unlawful detainer (Ch. 82) is for someone who has been in possession without any legal right (e.g., a guest who never had ownership or a lease). Ejectment (Ch. 66) is for someone who claims some interest in the property (e.g., a deed they signed under, an inheritance dispute, or co-ownership). Family member cases more often land in ejectment territory.
My adult child is on the deed but I want them out — what now?
If your family member is on the deed (joint tenant, life-estate holder, etc.), you cannot use unlawful detainer or eviction — they have an ownership interest. The path is partition action under Fla. Stat. Ch. 64 to force a sale or division of the property, or quiet title action if their claim to the deed is disputed. This is more complex; consult a Florida real estate attorney.
Can I just change the locks on my house if a family member won't leave?
No. Florida prohibits self-help eviction under Fla. Stat. § 83.67 — even against family members, even in your own home, if they have established residency. Damages can be three months' rent (or fair-rental-value equivalent) or actual damages, whichever is greater. Use the court process.
How long does it take to evict a family member in Florida?
Unlawful detainer takes 3–6 weeks for uncontested cases. Ejectment typically takes 60–120 days because it involves resolving any claimed interest in the property. Partition actions (when the family member has ownership) take 6–12 months and may end in a forced sale.
Family-member case in Miami-Dade?
If they pay rent, generate a statutory notice and start the standard eviction process. If they don't, our specialists can route you to a Florida attorney experienced in unlawful detainer or ejectment.
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