How to Evict a Guest Who Won't Leave in Florida
Florida law doesn't use the word "guest" in landlord-tenant statutes — what it cares about is whether the person paid anything, how long they've been there, and whether they have any claim to the property. Those three facts determine whether you file under Chapter 83 (eviction) or Chapter 82 (unlawful detainer).
Three legal paths, determined by two questions: Did they pay anything? If yes → they may be a tenant (Ch. 83 notice required before filing). Do they claim ownership? If yes → ejectment (Ch. 66, circuit court). If neither → unlawful detainer (Ch. 82, county court, ~$185 filing fee, 3–6 weeks uncontested). Self-help removal — changing locks, removing belongings — is illegal under Fla. Stat. § 83.67 regardless of guest status.
Which removal path applies to your situation
Tenancy eviction — Fla. Stat. Ch. 83
"Rent" under § 83.46 includes cash, groceries, utility payments, or anything of value exchanged regularly for the right to stay. If a pattern of payment exists, courts may find an implied month-to-month tenancy — and you need a statutory notice before filing.
- Non-payment outstanding: 3-Day Notice for non-payment under § 83.56(3)
- Want them out regardless: 15-Day Notice to terminate month-to-month tenancy under § 83.57
Unlawful detainer — Fla. Stat. Ch. 82
This covers the most common guest scenario: someone invited in who never paid, has no lease, and has no claim to the property — but won't leave. File a Complaint for Unlawful Detainer in Miami-Dade County Civil Court. The ~$185 filing fee is the same as a standard eviction; the process is similar but uses Ch. 82 instead of Ch. 83. Uncontested cases typically resolve in 3–6 weeks. See unlawful detainer vs. eviction explained.
Ejectment — Fla. Stat. Ch. 66
If your guest claims they were promised ownership, contributed to a down payment, or appears on a deed — even informally — ejectment in circuit court is the proper vehicle. This is more complex than unlawful detainer (60–120 days) and almost always requires a Florida real estate attorney. Note: LLCs cannot self-represent in Florida courts.
When does a guest become a tenant?
Florida has no fixed "overnight rule" — there is no statute that says a guest becomes a tenant after 7 or 30 days. Courts apply a totality test based on three signals:
| Signal | Points to tenancy? | Why it matters |
|---|---|---|
| Regular payment (cash, expenses, services) | Strong yes | § 83.46: rent = anything of value |
| Has a key and unescorted access | Yes | Indicator of possessory interest |
| Receives mail / packages at address | Yes | Used by courts as domicile evidence |
| Furniture or significant belongings on-site | Moderate | Weight depends on duration |
| Short visit, invited for specific dates | No | Temporary licensee, not a tenant |
| No payment, no key, no mail, <2 weeks | No | Clear guest status, Ch. 82 applies |
For a deeper analysis: When does a guest become a tenant in Florida?
Some South Florida cities previously had ordinances extending tenant-like protections to long-term guests. Florida HB 1417 (eff. July 1, 2023, Fla. Stat. § 83.425) preempted all local landlord-tenant ordinances statewide. Only the state Chapter 83 framework applies.
If the occupant was never invited
A squatter — someone who entered your property without permission — follows a different removal process than an overstaying guest. Police may be able to remove a squatter immediately if you act within days of the unauthorized entry; longer occupancy typically requires unlawful detainer regardless. See our squatter removal guide.
Related guides
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 just change the locks on a guest who won't leave in Florida?
No. Florida's self-help eviction prohibition under Fla. Stat. § 83.67 applies to anyone who has established residency — including a guest who has been staying at your property for an extended period. Even in your own home, removing someone's belongings or cutting off utilities without a court order exposes you to damages of three months' rent or actual damages, whichever is greater. Use the court process.
How long does a guest have to stay before they get tenant rights in Florida?
Florida has no fixed statutory cutoff — there is no "7-night rule" here. Courts use a totality test: Does the person pay anything? Do they have a key? Do they receive mail there? Do they have belongings stored there? If all signs point to established residency, a court may extend tenancy protections regardless of how few nights have passed. See our guide on when a guest becomes a tenant in Florida.
My guest has been staying for free for 3 months. Do I need to go to court?
Almost certainly yes. Even if they never paid a dime, a person who has been in your home for months has established residency. The correct legal path is an unlawful detainer action under Fla. Stat. Ch. 82. Filing in Miami-Dade County Court costs approximately $185. An uncontested unlawful detainer typically resolves in 3–6 weeks.
My guest pays for groceries and utilities. Does that count as rent?
Florida courts broadly define "rent" under § 83.46(1) — it includes anything of value exchanged for the right to occupy. Regular payment of shared expenses (groceries, utilities, internet) can establish an implied month-to-month tenancy under Chapter 83. If a court finds a tenancy, you'll need to serve a proper statutory notice (3-Day for non-payment; 15-Day to terminate month-to-month) before filing an eviction complaint.
Can I call the police to remove a guest who won't leave?
Police can remove someone who is trespassing (never had permission to be there or whose permission was clearly revoked). For a guest who was invited and has been staying with your knowledge, police will typically call it a civil matter and decline to remove them — especially if they have belongings stored there. You'll need to pursue unlawful detainer or eviction through the court.
My ex-partner was never on my lease but has been living here. What do I do?
If they never paid anything and have no ownership claim, file a Complaint for Unlawful Detainer in Miami-Dade County Court. If they paid rent or contributed to expenses, they may be a tenant under Chapter 83 — serve a 15-Day Notice to terminate the implied month-to-month tenancy, then file for eviction if they don't leave. Our specialists can help you determine the right path.
Guest situation in Miami-Dade?
If they pay rent, generate the correct statutory notice and start the eviction process. If they don't pay, our specialists can connect you with a Florida attorney experienced in unlawful detainer and ejectment.
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