Legal Question in Landlord & Tenant Law in Florida

I have a tenant that lives in my primary residence. We have an oral lease. Considered "at will" under Florida law. I am preparing to serve him with a notice of termination on August 1st and giving him until August 28th. Can I call law enforcement on Aug. 28th to remove him, or is my only option a formal eviction process?


Asked on 7/21/10, 6:13 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

you must do formal eviction. Only the judge can issue the order to remove otherwise the police will not act.

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Answered on 7/22/10, 5:57 am
Lesly Longa Longa Law P.A.

No, you would have to do a formal eviction through the court to remove the tenant. If there's no lease and he pays you monthly, then he is a month to month tenant. You only have to give the tenant 15 days written notice. See http://www.800helpfla.com/landlord_text.html.

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Answered on 7/22/10, 6:36 am


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