Can I Evict a Tenant Without a Lease in Florida?

Last Updated: May 27, 2025

Article By: Jared A.

Navigating the process of evicting a tenant without a lease in Florida can feel overwhelming, especially when emotions run high, and the situation feels uncertain. Whether you’re a landlord dealing with a month-to-month tenant, a verbal rental agreement, or even a squatter, understanding your rights and responsibilities is crucial. We know how stressful it can be to manage these situations, and we’re here to guide you with clear, compassionate, and actionable steps to resolve the issue while staying compliant with Florida law. This article will explore the intricacies of evicting a tenant without a lease in Florida, addressing key considerations, legal processes, and practical solutions to empower you with confidence.

Can I Evict a Tenant Without a Lease in Florida?

Understanding Tenancies Without a Lease in Florida

In Florida, a tenant without a written lease is typically considered a tenant at will or a month-to-month tenant, depending on the arrangement. These situations often arise from verbal rental agreements or when a lease expires but the tenant continues to occupy the property with the landlord’s permission. While the absence of a written lease can complicate matters, Florida law provides clear guidelines for landlords seeking to terminate such tenancies.

A tenant at will has no fixed lease term and occupies the property with the landlord’s consent, often under a verbal agreement. A month-to-month tenant, on the other hand, operates under an implied or explicit agreement that renews monthly. Both arrangements lack the formal structure of a written lease, but landlords still have legal pathways to regain possession of their property. The key is following Florida’s eviction laws, which prioritize due process and protect both landlord and tenant rights.

The emotional toll of these situations can be significant. Perhaps you’re a landlord in Tampa who allowed a friend to stay temporarily, only to find they’ve overstayed their welcome. Or maybe you’re in Sarasota, dealing with a tenant who stopped paying rent after a verbal agreement fell apart. Whatever the case, understanding the legal framework can provide clarity and a path forward.

Why Choose Florida Offer for Guidance?

At Florida Offer, we’ve spent years helping landlords and property owners across Florida navigate complex real estate challenges, including how to evict a tenant without a lease in Florida. Our team of experienced professionals understands the nuances of Florida’s landlord-tenant laws and has guided countless clients through eviction processes, property disputes, and even selling a house fast when tenancy issues become overwhelming. Whether you’re in Bradenton or beyond, our expertise in real estate solutions ensures you’re not alone in tackling these challenges. We’re here to offer compassionate support and practical advice tailored to your unique situation.

Legal Grounds for Eviction Without a Lease

Evicting a tenant without a lease in Florida requires establishing legal grounds for termination. The absence of a written lease doesn’t mean tenants have no rights—Florida law protects tenants under verbal or implied agreements. Common reasons for eviction include:

Non-Payment of Rent: If the tenant fails to pay rent, even under a verbal rental agreement, you can initiate eviction proceedings after serving proper notice.
Violation of Terms: If the tenant violates agreed-upon terms (e.g., causing property damage or engaging in illegal activity), you may have grounds for eviction.
End of Tenancy: For month-to-month tenant eviction in Florida, landlords can terminate the tenancy without cause by providing adequate notice.
Unlawful Detainer: If a person occupies the property without permission (e.g., a squatter or a guest who refuses to leave), you may pursue an unlawful detainer in Florida with no lease.

Each scenario requires specific notices and timelines, which we’ll explore in detail. The process can feel daunting, especially when you’re unsure of your rights as a landlord without a lease in Florida. Rest assured, with the right steps, you can resolve the issue fairly and legally.

Pro Tip: Document Everything

Keep detailed records of all communications, payments, and agreements with the tenant. Even in a verbal rental agreement, written evidence like text messages or emails can strengthen your case in court if the eviction process escalates.

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Step-by-Step Process for Evicting a Tenant Without a Lease

To evict a tenant without a lease in Florida, you must follow a structured legal process. Florida’s landlord-tenant laws, outlined in Chapter 83 of the Florida Statutes, govern evictions, ensuring both parties are treated fairly. Below is a step-by-step guide to help you navigate the process with confidence:

Determine the Tenancy Type:
- Identify whether the tenant is a tenant at will or a month-to-month tenant. This affects the type of notice required.
- For example, month-to-month tenants require a 15-day notice to vacate without a lease in Florida, while tenants at will may require different handling based on the agreement.
Serve Proper Notice:
- Non-Payment of Rent: Serve a 3-day notice to pay rent or vacate. This gives the tenant three business days (excluding weekends and holidays) to pay or leave.
- Termination of Month-to-Month Tenancy: Provide a 15-day notice to vacate for month-to-month tenants, delivered at least 15 days before the next rent payment is due.
- Unlawful Detainer: For tenants not on a lease or squatters, serve a 7-day notice to vacate for unlawful detainer, as outlined in Florida Statutes § 82.04.
File an Eviction Lawsuit:
- If the tenant doesn’t comply with the notice, file a Complaint for Eviction with your local county court.

Attend Court Hearing:
- If the tenant contests the eviction, a court hearing will be scheduled. Present evidence such as the notice served, payment records, and any communication with the tenant.
- A judge will determine whether the eviction is warranted based on the evidence.
Obtain a Writ of Possession:
- If the court rules in your favor, the sheriff will issue a Writ of Possession, giving the tenant a final deadline (typically 24 hours) to vacate.
- If the tenant still doesn’t leave, the sheriff can physically remove them.

This process can take anywhere from a few weeks to a couple of months, depending on the circumstances. For example, how long to evict a no-lease tenant in Florida typically ranges from 15 to 60 days, depending on whether the tenant contests the eviction and the court’s schedule.

Pro Tip: Consult a Professional Early

If you’re unsure about the eviction process or the tenant disputes the notice, consult a Florida landlord-tenant attorney early to avoid costly mistakes. Legal guidance can save time and protect your rights.

Do Squatters Have Rights in Florida?

A common question landlords ask is, “Do squatters have rights in Florida?” The answer depends on the situation. A squatter—someone occupying your property without permission—is not a legal tenant and generally has fewer rights. However, if a squatter has been allowed to stay for an extended period or has paid rent, they may be considered a tenant at will, complicating the eviction process.

To remove a tenant not on a lease in Florida, such as a squatter or unauthorized occupant, you may need to pursue an unlawful detainer action. This process involves serving a 7-day notice to vacate and filing a lawsuit if the squatter doesn’t leave. Squatters who establish residency (e.g., by receiving mail or paying utilities) may claim tenant rights, so acting quickly is critical.

If you’re dealing with a squatter in St. Petersburg and suspect they’ve established some form of residency, consult an attorney to clarify their status before proceeding. The goal is to avoid legal missteps that could delay the process.

Challenges and Considerations

Evicting a tenant without a lease can present unique challenges, especially when emotions and unclear agreements are involved. Here are some key considerations to keep in mind:

Verbal Agreements: A verbal rental agreement eviction in Florida is legally valid but harder to prove. Document any agreements or payments to strengthen your case.
Tenant Defenses: Tenants may claim they have a right to stay due to implied agreements or retaliation by the landlord. Be prepared to counter these claims with evidence.
Court Delays: Florida courts can be busy, and contested evictions may take longer than expected. Plan for potential delays and stay organized.
Compassionate Communication: When serving notices, maintain a professional yet empathetic tone. A tenant may be more cooperative if approached respectfully.

If the eviction process feels overwhelming or the property is causing ongoing stress, you might consider selling your house for cash to a reputable buyer like Florida Offer. This can be a viable solution if the tenancy issues are part of a larger desire to move on from the property.

Alternative Solutions: Selling the Property

Sometimes, the challenges of managing a tenant without a lease can prompt landlords to reconsider property ownership. If you’re asking yourself, “Need to sell my house fast?” due to ongoing tenant disputes, selling the property may be an attractive option. Companies like Florida Offer, a company that buys houses across Florida, specialize in cash offers on houses, allowing you to sell quickly and avoid further legal or financial headaches.

Selling a house with a tenant in place can be challenging, but we buy houses companies often purchase properties as-is, even with tenants or squatters. This option can provide immediate relief, especially if you’re facing costly repairs or prolonged eviction battles. For landlords in Lakeland or other areas we service, a cash buyer for homes can offer a fair price and a fast closing, often within days.

According to the Florida Realtors Association, the median time to sell a home in Florida in 2024 was approximately 45 days for traditional sales. However, home investors like Florida Offer can close in as little as 7-14 days, providing a fast cash sale for your home (Florida Realtors, 2024).

Empowering Yourself with Knowledge and Support

Dealing with a tenant without a lease is undoubtedly stressful, but you’re not alone. By understanding your rights as a landlord without a lease in Florida, following the legal eviction process, and exploring alternative solutions like selling your property, you can regain control of your property and peace of mind. Whether you choose to pursue eviction or opt for a cash offer on your house, the key is to act decisively and stay informed.

At Florida Offer, we’re committed to helping you navigate these challenges with empathy and expertise. Whether you need guidance on how to remove a tenant not on a lease in Florida or are ready to sell your home for cash, our team is here to provide tailored solutions. Visit us at https://x.ai/grok for more information on how we can assist you in selling your house fast or resolving tenancy issues.

By following the steps outlined in this article and seeking professional support when needed, you can confidently address the question, “Can I evict a tenant without a lease in Florida?” with clarity and compassion.

This article is based on expert real estate experience. For legal or financial advice, consult a licensed professional such as an attorney, CPA, or government official.