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How do i evict a house guest in the state of florida, is there a form online for this?

Ozona, FL |

person has been living there for approx 6 months rent free to help with elderly by driving them to doctor appts. etc. this person is not a certified health care giver and their services are no longer needed.

What are the steps for them to vacate ASAP?

Attorney Answers 3


  1. You can not evict the person because they are not paying rent. Instead you need to give the person notice that they are no longer welcome to remain living there. I would suggest writing a letter giving the person 15 days to move out. If they do not move out after that time you can file an action for ejectment. The forms can be found on the Pinellas County Clerk website- a link is below.


  2. I agree with my colleague that you do not need to evict the person, however, the proper cause of action is unlawful detainer, which is filed in county court. Under these facts, a suit for ejectment suit is not necessary.

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  3. Has the property owner been paying the house guest any wages or money of any kind for the services?
    If so, Florida law says that the dwelling is furnished "as an incident to employment" and you must treat the occupant as a tenant even though no rent is changing hands.
    If this is the case, the "periodic tenancy" has a period equal to the frequency with which wages are paid.
    If the occupant is paid every week, then a periodic tenancy of week-to-week has been established and the tenant must receive at least one week's notice in writing. The tenancy would come to an end on the day for which wages had been paid.

    If the occupant receives no wages or payment, then an argument still may be made that the compensation is the rent-free use of the dwelling.

    It is recommended that the property owner give the occupant a written notice that the services are no longer needed, and that, therefore, the occupancy of the dwelling is being terminated. We would have to hear more of the circumstances to determine how much time to give for notice requirements.

    Is it likely that the occupant would find an attorney and bring this up? We don't know, but it is a point that needs to be brought up. I have included a link to Florida Statute Chapter 83 subsection 46.
    If you are unsure, see a local attorney for a consultation. Good luck!

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