How to Evict a Roommate in Florida
Removing a roommate in Florida is harder than people think — and easier than you may fear, if you know which legal path applies. The right approach depends on a single question: is your roommate on the lease?
If your roommate is on the lease: only the landlord can evict them — you cannot evict a co-tenant directly. Talk to the landlord. If your roommate is NOT on the lease: file an unlawful detainer action under Fla. Stat. § 82.04 in county court. The process takes 3–6 weeks for an uncontested case and costs ~$185 to file. In neither case can you legally lock them out yourself.
The two legal paths in Florida
Florida law treats "roommates" differently depending on the lease. The wrong path gets your case dismissed and forces you to start over.
Roommate is on the lease
You and your roommate are co-tenants — equal rights to the unit. Florida law does not let one co-tenant evict another. Your options:
- Ask the landlord to address it (rent shortage triggers a 3-Day Notice TO BOTH of you)
- Negotiate a lease modification removing your roommate's name
- Wait for the lease term to end and don't include them on renewal
- Move out yourself if the situation is intolerable
Roommate is NOT on the lease
They moved in without being added to the lease. Florida treats them as a guest who has overstayed — but they still have residency rights you can't ignore. The legal tool is unlawful detainer:
- File a Complaint for Unlawful Detainer (Fla. Stat. Ch. 82) in county court
- Serve the complaint via Sheriff or process server
- Tenant has 5 days to respond
- If they don't respond → default judgment + writ of possession
Common scenarios
Ex-partner refuses to leave after a breakup
The most common roommate-eviction scenario. If they're not on the lease, file unlawful detainer. If they ARE on the lease, you may need to involve the landlord and consider getting a domestic-violence injunction in extreme cases (which has its own faster removal mechanism in Florida).
Friend who "stayed for a few weeks" two years ago
Long-staying guests in Florida acquire occupancy rights. If they receive mail at the address, store substantial belongings, or have made the unit their primary residence, you almost certainly need to use the unlawful detainer process — not just a verbal demand.
Family member living rent-free won't move out
See our companion guide: How to evict a family member in Florida. Family status doesn't change Florida law, but the situation often involves ejectment rather than unlawful detainer when the family member is on title.
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 kick my roommate out of my apartment in Florida?
No — you can't physically remove or lock out a roommate without a court order, even if your name is the only one on the lease. Self-help eviction (changing locks, removing belongings, shutting off utilities) is illegal under Fla. Stat. § 83.67 and exposes you to damages of three months' rent or actual damages, whichever is greater.
My roommate is not on the lease. Do I still need to go to court?
Yes, almost always. If your roommate has been living in the unit (especially if they have keys, store belongings there, or receive mail at the address), Florida courts treat them as having residency rights. The legal path is an unlawful detainer action under Fla. Stat. § 82.04 — different from a standard tenancy eviction, but still a court process.
What if my roommate IS on the lease and stops paying their share?
If both names are on the lease, you may have limited options because you are co-tenants — neither of you has priority over the other. Standard eviction by a landlord against a co-tenant requires the LANDLORD to act, not you. You can ask the landlord to file a 3-Day Notice for non-payment if the total rent is short, but you can't evict your co-tenant directly.
My ex-boyfriend was not on the lease and refuses to leave after our breakup. What do I do?
Florida treats this as an unlawful detainer scenario. File a Complaint for Unlawful Detainer in your county court (Miami-Dade County Civil Courthouse if in Miami-Dade). The filing fee is roughly $185, and the process is similar to an eviction but uses Chapter 82 of the Florida Statutes rather than Chapter 83.
How long does it take to remove a roommate through unlawful detainer in Florida?
A typical uncontested unlawful detainer in Miami-Dade takes 3–6 weeks from filing to writ of possession. Contested cases can take 60–90 days. The Sheriff performs the lockout once the writ is issued.
Need help removing a roommate in Miami-Dade?
Generate a statutory notice if your roommate is on the lease, or connect with a specialist for unlawful detainer filing if they're not.
Start My Case