Step 1 — Determine Your Tenancy Type Without a written lease, Florida law treats the rental as a tenancy-at-will. The type of notice required depends on how frequently rent is paid. If rent is paid monthly, you must give 15 days written notice before the end of the rental period to terminate the tenancy. If rent is paid weekly, you must give 7 days written notice. For non-payment of rent, even without a lease, you still use a 3-day Notice to Pay or Vacate.
Step 2 — Serve the Correct Notice For non-payment of rent without a lease: serve a 3-Day Notice to Pay or Vacate — same as a standard eviction. For termination of tenancy without cause: serve a 15-Day Notice to Terminate (month-to-month) or 7-Day Notice (week-to-week). The notice must be delivered by hand, posted on the door, or sent by certified mail. Email and text do not meet Florida's legal delivery standards.
Step 3 — Wait for the Notice Period to Expire The same rules apply as a standard eviction — only business days count for a 3-day notice. Do not accept partial payment after serving the notice. Filing before the notice period expires will get your case dismissed.
Step 4 — File a Complaint for Eviction Once the notice period expires, file your Complaint for Eviction with the Clerk of Court in the county where the property is located. Without a written lease, bring any evidence of the tenancy — bank statements showing rent deposits, text messages, receipts, or records of cash payments. Filing fees are approximately $185 plus $10 per defendant.
Step 5 — The Tenant Is Served and Has 5 Business Days to Respond The Sheriff or certified process server delivers the Summons and Complaint to the tenant. The tenant has 5 business days to file a written response and deposit disputed rent into the Court Registry. If they don't respond — proceed to Step 6. If they file an answer — the court schedules a hearing.
Step 6 — File for Default Judgment If the tenant does not respond within 5 business days, file a Motion for Default and a proposed Final Judgment for Possession. The judge reviews and signs the Final Judgment if everything is in order.
Step 7 — Obtain the Writ of Possession After the Final Judgment is signed, obtain the Writ of Possession from the Clerk and deliver it to the county Sheriff's Office with the $90 fee. Once the writ is posted on the property, the tenant has 24 hours to vacate. If they do not leave, the sheriff authorizes you to change the locks and remove belongings.
We provide fully completed Florida eviction documents with step-by-step instructions so you can file correctly and avoid costly mistakes.
Common Mistakes section:
Serving the wrong notice type - a 3-day notice is for non-payment, a 15-day notice is for terminating without cause
Not having any documentation of the tenancy -bank records, texts, or receipts are critical without a written lease
Accepting rent after serving a termination notice, which can restart the notice period
Assuming no lease means a faster eviction - the timeline is identical to a standard eviction
Filing in the wrong county - always the county where the property is located
Serving the notice by text - Florida law requires physical delivery
Frequently Asked Questions:
Q1 Question: Can I evict a tenant without a lease in Florida? Answer: Yes. Florida law allows eviction of tenants without a written lease. The notice type depends on how rent is paid and the reason for eviction.
Q2 Question: What notice do I give a tenant without a lease in Florida? Answer: For non-payment: 3-day notice.
Q3 Question: How long does it take to evict a tenant without a lease in Florida? Answer: Timeline is the same as a standard eviction — typically 4 to 6 weeks for an uncontested case filed correctly.
Q4 Question: What proof do I need to evict a tenant without a lease in Florida? Answer: Bank records showing rent deposits, text messages, receipts, or any documentation proving the tenancy exists.
Q5 Question: Can a tenant without a lease refuse to leave in Florida? Answer: Yes. They have the same rights as any tenant until evicted through the court process. You cannot remove them without a writ of possession.
Q6 Question: What is a tenancy at will in Florida? Answer: A rental arrangement without a written lease. Either party can terminate with proper notice — 15 days for monthly, 7 days for weekly tenancies.
Q7 Question: Can I change the locks without evicting a tenant without a lease in Florida? Answer: No. Self-help eviction is illegal in Florida regardless of whether a lease exists. You must go through the court process.
Q8 Question: Do I need a lawyer to evict a tenant without a lease in Florida? Answer: No. Landlords can file without an attorney. A document preparation service can provide the correct forms for your situation.
Q9 Question: What happens if a tenant without a lease doesn't respond to eviction? Answer: Same as standard eviction — file for default judgment after 5 business days and proceed to a writ of possession.
Q10 Question: Can I evict a family member without a lease in Florida? Answer: Yes. The same eviction process applies to family members occupying your property without a written lease.
Eviction process by county:
Evictions Done For You is a document preparation service, not a law firm. Nothing on this page constitutes legal advice. For questions about your specific situation, consult a licensed Florida attorney.