How to Remove a Family Member From Your Property in Florida

When a relative who was never a formal tenant refuses to leave your home, the law still requires a legal process. This guide covers the exact steps Florida property owners must follow — and the traps to avoid.

It is one of the most common questions Florida attorneys receive: How do I get my adult child, sibling, parent, or other relative out of my house when they refuse to leave? The situation typically starts innocently — you let a family member move in temporarily, expecting it to be short-term. Months or years later, the arrangement has soured, and the family member refuses to vacate when asked. You own the property. You want them out. And you quickly discover that the law does not allow you to simply change the locks or call the police.

The legal path to removing a family member who was never a formal tenant depends on one critical question: was there ever a landlord-tenant relationship? If the family member never signed a lease and never paid regular rent, they are legally a licensee or guest whose permission to occupy the property can be revoked — and the correct remedy is an unlawful detainer action under Chapter 82 of the Florida Statutes. If any form of rent was paid — even informally — the situation may require a standard eviction under Chapter 83.

Table of Contents

1. The Threshold Question: Guest or Tenant?
2. Factors Courts Consider in the Guest vs. Tenant Analysis
3. Serving the Written Demand to Vacate
4. Filing the Unlawful Detainer Action
5. What Happens in Court
6. Why You Cannot Simply Lock Them Out
7. Special Considerations: Domestic Violence and Protective Orders
8. Frequently Asked Questions

1. The Threshold Question: Guest or Tenant?

The entire legal analysis begins with this question: Is your family member a guest (licensee) or a tenant? The answer determines which legal process you must use. If you file the wrong type of action — for example, filing an unlawful detainer when the family member is legally a tenant — the case will be dismissed, costing you weeks and additional legal fees.

A guest or licensee is a person who occupies property with the owner’s permission but without a rental agreement and without paying regular rent. The permission can be revoked at any time, and once revoked, the person has no legal right to remain. The removal process is an unlawful detainer action under Chapter 82.

A tenant is a person who occupies property under a rental agreement — written or oral — and who pays rent (even if irregularly or below market rate). The removal process is a standard eviction under Chapter 83, Part II.

The distinction is not always clean, especially in family situations. A family member who “helps out with the bills” or “contributes to the mortgage” may or may not be a tenant, depending on the specific facts and how a court characterizes the arrangement.

2. Factors Courts Consider in the Guest vs. Tenant Analysis

When the occupant claims to be a tenant (usually to force the property owner into the longer eviction process), Florida courts examine several factors to determine whether a landlord-tenant relationship was created.

Regular Payment of a Fixed Amount

If the family member paid a fixed amount at regular intervals (for example, $500 on the first of every month), this strongly suggests a tenancy — even without a written lease. Irregular contributions of varying amounts (“here’s $200 for groceries” or “I paid the electric bill this month”) are less likely to establish a tenancy, though they create ambiguity that the family member’s attorney will exploit.

Written or Oral Agreement

Any discussion — even a casual one — about rent amount, lease terms, or duration of stay can be characterized as an oral rental agreement. If you told your brother “you can stay for $500 a month until you get back on your feet,” a court may find that an oral month-to-month tenancy was created. Conversely, if the arrangement was always described as temporary and no specific amount was discussed, the guest characterization is stronger.

Length of Stay

The duration of the occupancy is a factor, though it is not dispositive. A family member who has lived in the property for several years is more likely to be viewed as a tenant (or at least as someone who acquired quasi-tenant rights) than someone who has been there for a few weeks. However, length of stay alone does not create a tenancy if no rent was ever paid and no agreement was reached.

Utility Accounts and Mail

If the family member established utility accounts in their own name at the property address or receives mail there, these facts can support a claim of tenancy — or at least of an established residency that requires formal legal process to terminate.

When in Doubt, File Under Both Chapters

If you are genuinely uncertain whether your family member is a guest or a tenant, your attorney may file the action under Chapter 82 (unlawful detainer) while also including an alternative count under Chapter 83 (eviction). This “belt and suspenders” approach ensures that the case proceeds regardless of how the court characterizes the relationship. Alternatively, if there is any possibility that rent was paid, the safest approach is to proceed under Chapter 83, which covers both tenant and non-tenant situations more broadly.

3. Serving the Written Demand to Vacate

Before filing an unlawful detainer action, the property owner must demand that the family member leave the property. While Section 82.01requires that the occupant be “required to depart,” the statute does not prescribe a specific form or delivery method for the demand. Nonetheless, a written demand delivered in a documentable manner is essential for evidentiary purposes.

What the Demand Should Say

The written demand to vacate should clearly identify the property by address; state that the family member’s permission to occupy the property is revoked as of the date of the demand; provide a reasonable period to vacate — seven to fifteen days is appropriate for a family member who has been in the property for an extended period; state that if the family member does not vacate within the stated period, the property owner will file a legal action to recover possession; and be signed and dated by the property owner.

How to Deliver the Demand

The demand should be delivered by a method that creates proof. Hand delivery in the presence of a witness (ideally someone who is not a family member) is effective. Posting the demand on the property and simultaneously mailing a copy provides documentation. Using a process server creates a professional record. Sending by certified mail with return receipt requested provides a postal record, though the family member may refuse to sign for it.

Whatever method you use, retain a copy of the demand itself, proof of the delivery method and date, and the name and contact information of any witness to the delivery. If the case goes to court, you (or your witness) will need to testify about when and how the demand was delivered.

Do Not Skip the Written Demand

Some property owners make the mistake of telling the family member verbally to leave — sometimes in the heat of an argument — and then filing the unlawful detainer action when the person does not go. If the family member denies being asked to leave, the case becomes a credibility contest. A written demand, delivered with documentation, eliminates this problem entirely. Take the time to do it right.

4. Filing the Unlawful Detainer Action

After the demand period expires and the family member remains, the property owner files a complaint for unlawful detainer in the county where the property is located. The complaint follows the same general structure described in the unlawful detainer pillar guide, but with allegations specific to the family situation.

The complaint should allege that the plaintiff is the owner of the property (attaching a copy of the deed); that the defendant (the family member) was permitted to occupy the property as a guest, without a lease agreement and without payment of rent; that the plaintiff revoked the defendant’s permission to occupy the property by written demand dated [date]; that the demand provided a reasonable period for the defendant to vacate; that the defendant has failed to vacate and continues to occupy the property without any legal right; and that the plaintiff requests a judgment for possession and a writ of possession directing the sheriff to remove the defendant.

The complaint should attach the deed, the written demand to vacate, and proof of delivery of the demand. If available, any communications (text messages, emails) in which the family member acknowledges that they are not a tenant or that they were staying temporarily should also be preserved for use at trial.

5. What Happens in Court

If the Family Member Does Not Respond

If the family member fails to file a response within the required period (five business days if the case proceeds as a summary action), the property owner moves for a default judgment. The court enters a final judgment for possession, and the clerk issues a writ of possession directing the sheriff to remove the occupant. This is the best-case scenario and typically results in removal within four to six weeks of the initial demand.

If the Family Member Contests the Action

If the family member files a response, the most common defenses are: “I’m a tenant, not a guest” (requiring the court to determine whether a tenancy was created); “I was never asked to leave” (defeated by the written demand and proof of delivery); “I have an ownership interest in the property” (requiring evidence of a deed, contract, or inheritance claim); or “The property owner verbally agreed I could stay indefinitely” (an oral agreement defense). The court will hold a hearing at which both sides present evidence, and the judge will determine whether the family member has any legal right to remain.

Preparing for the “I’m a Tenant” Defense

The most effective defense a family member can raise is the claim that a tenancy was created through oral agreement and the payment of rent. To rebut this defense, the property owner should be prepared to testify that no rental agreement was ever reached; produce bank records showing the absence of regular rent payments from the family member; present text messages, emails, or other communications describing the arrangement as temporary or as a guest situation; and, if the family member made any contributions, characterize them as gifts, contributions to household expenses, or irregular payments that did not constitute rent.

6. Why You Cannot Simply Lock Them Out

Every property owner in this situation has the same instinct: It’s my house. I own it. Why can’t I just change the locks? The answer is that Florida law prohibits self-help removal regardless of who owns the property. Even if the family member has no lease, pays no rent, and has no legal claim to the property, you cannot change the locks, remove their belongings, shut off utilities, or take any other action to force them out without a court order.

If you engage in self-help removal, the family member can call the police (who may require you to allow the person back in), sue you for damages, and potentially obtain an emergency injunction requiring you to restore them to the property. The irony is that self-help removal often makes the property owner’s legal position worse, not better — it gives the family member a claim against you and may make the court more sympathetic to their position. For a detailed analysis, see: Can a Landlord Change Locks in Florida?

7. Special Considerations: Domestic Violence and Protective Orders

If the family member’s presence involves domestic violence, stalking, or threats of harm, an alternative (and potentially faster) remedy may be available. Under Chapter 741, Florida Statutes(the Florida Domestic Violence statute), a family or household member who is a victim of domestic violence may petition the court for a temporary and permanent injunction for protection. The injunction can include a provision requiring the respondent to vacate the shared residence — even if the respondent is a co-owner or co-tenant.

A domestic violence injunction is significantly faster than an unlawful detainer action. A temporary injunction can be obtained ex parte (without notice to the respondent) on the same day the petition is filed if the court finds an immediate and present danger of domestic violence. The temporary injunction can require the respondent to leave the residence immediately and can be enforced by law enforcement. A full hearing on a permanent injunction is then held within fifteen days.

This remedy is only available when there is actual domestic violence or a credible threat of domestic violence. It cannot be used as a shortcut to remove a family member who is merely unwelcome — filing a false domestic violence petition is a serious matter that can result in criminal charges and civil liability.

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8. Frequently Asked Questions

Related Guides

• ← Back to: Remove Squatters in Florida — Unlawful Detainer (Pillar Guide)
• Can a Landlord Change Locks in Florida? Self-Help Eviction Laws
• Trespassing vs. Unlawful Detainer: Which Legal Action to Use
• Florida Residential Eviction Attorney (if tenancy exists)