How to Evict a Tenant Without a Lease in Florida
You don't need a written lease to evict someone in Florida — but you do need to serve the right notice for the right kind of tenancy. Get the notice wrong and the case gets dismissed. Get it right and an uncontested eviction in Miami-Dade runs about 4–6 weeks.
Florida treats anyone paying rent as a tenant — written lease or not (Fla. Stat. § 83.46). The notice you serve depends on rent frequency: 7 days for weekly, 15 days for monthly. If they stopped paying, serve a 3-Day Notice instead. If they were never paying — different process: unlawful detainer under Fla. Stat. Ch. 82.
Four scenarios — pick the one that matches yours
The "no written lease" situation actually breaks into four very different legal paths. Match yours to the right notice before you serve anything.
Pays monthly, no lease, current on rent
Most common no-lease scenario. Tenant pays every month with no written contract. Either side can terminate with 15 days written notice ending at the next rent due date. No reason required.
Pays weekly, no lease, current on rent
Less common — typical of weekly motels or rooming houses. 7 days written notice, no reason required, must end before the next weekly rent due date.
Pays rent (any frequency), behind on rent
If the tenant is behind, the no-lease question doesn't matter — the 3-Day Notice for non-payment applies regardless. Demand the unpaid amount; tenant has 3 business days to pay or vacate.
Never paid rent — long-staying guest, family
If the person was never paying rent — a friend who never left, a family member who moved in — this is NOT a tenancy under Chapter 83. File an unlawful detainer or ejectment action in county court. Different process, similar timeline.
Step-by-step: month-to-month no-lease eviction
The most common scenario by far. Here's the full path from notice to lockout.
- 1
Serve a 15-Day Notice of Termination
Written notice, delivered at least 15 full days before the next rent due date. Must include the date the tenancy ends. Hand-deliver or post-and-mail.
- 2
Wait out the notice period
If the tenant moves out by the end date, you're done. If they stay past the date, the tenancy is now terminated and they are holding over unlawfully.
- 3
File a Complaint for Eviction
File at the Miami-Dade Civil Courthouse (73 W Flagler St). $185 filing fee. Include the original notice as an exhibit.
- 4
Tenant has 5 days to respond
Once served, tenant has 5 business days to file an answer. If no answer → default judgment.
- 5
Get the writ of possession
Default judgment issues a writ of possession the same week. Sheriff posts the 24-hour notice and performs the lockout.
No Florida city or county can require a longer notice period than what state law sets. Some local "Tenant Bill of Rights" ordinances tried to mandate 60-day notice for no-cause termination — but Florida HB 1417 (effective July 1, 2023) preempted all of them. The state notice periods (7 days weekly, 15 days monthly) apply across all 67 Florida counties.
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 evict a tenant in Florida if there is no written lease?
Yes. Florida law (Fla. Stat. § 83.46) recognizes a tenancy any time someone pays rent for a place to live, even with no written contract. The eviction follows the same Chapter 83 process — but the type of notice depends on how often rent is paid (week-to-week, month-to-month, etc.).
What notice do I serve a month-to-month tenant with no lease?
A 15-Day Notice of Termination under Fla. Stat. § 83.57(3). It does not require a reason — month-to-month tenancies in Florida can be terminated for any reason or no reason, with proper notice. The notice must be delivered at least 15 days before the next rent due date.
My tenant pays week-to-week with no lease. How much notice?
7 days. Fla. Stat. § 83.57(2) requires 7 days written notice to terminate a week-to-week tenancy. The notice period must end before the next rent due date.
My tenant pays nothing — they're just living there. Can I still evict?
It depends on whether they were ever paying rent. If they previously paid and stopped, they're a tenant in default — serve a 3-Day Notice for non-payment. If they were never paying (a long-staying guest, family member, etc.), this is an unlawful detainer or ejectment case under Fla. Stat. Ch. 82, not a Chapter 83 eviction.
How long does a no-lease eviction take in Miami-Dade?
Roughly 4–6 weeks for an uncontested case from notice expiration to writ of possession. The notice period itself adds 7–15 days depending on the rent frequency.
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