Can I Evict Someone From a House I Rent for No Reason in Florida?
Renting out a room in your home in Florida or other state can provide you with additional income, but the act also carries mandatory responsibilities. There's no turning back midstream if you don't feel like performing all the state's required duties of a landlord. Evicting a tenant without a legitimate reason and a court order can cause legal headaches leading to fines and even jail time, depending on the nature of the violation.
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Oral Lease Agreements
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In Florida, state laws consider an oral lease agreement between you and a tenant to last for a period between rental payment due dates. For example, an oral agreement lasts for 30 days for monthly rental payments or seven days for weekly rental payments. You are well within your rights to evict a tenant with an oral lease agreement for any reason provided you give the tenant adequate notice of your intent to not "renew" the tenant's oral lease agreement. Adequate notice is usually one rental period in advance. For example, a monthly tenant would require 30 days' notice of your desire to not renew tenancy.
Written Rental Agreements
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A written lease agreement provides greater protections for both you and your tenant, but the document also locks you into a finite period of tenancy -- usually at least a year. You cannot legally evict someone from your home with a valid written lease agreement for any reason before the lease expires. It is illegal for you to bar your tenant's entry to the property or evict the tenant, including changing the locks and removing the tenant's property from your home without a court order. If the tenant is in compliance with the lease agreement, you must wait until the lease expires to require the tenant to vacate the premises.
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Tenant's Rental Rights
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Your tenant has the right to live in a peaceful environment free from harassment. Attempting to evict an otherwise compliant tenant for no reason, regardless of the living situation, is illegal and infringes on these peaceful living rights in Florida and other states across the country. You must respect a tenant's rights even if you no longer wish to be a landlord or continue to rent out your home. Your obligation to maintain the property and provide your tenant with access to utilities in the home continues until the lease agreement expires.
Potential Legal Penalties
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Attempting to evict a tenant without a court order can cost you more trouble than simply waiting for the lease to run out. Your tenant can sue you in civil court for damages associated with a forced eviction, including relocation costs, pain and suffering and any rent paid in excess of actual tenancy. Additionally, you may incur criminal liability from entering a tenant's rental dwelling, even if it's in your own home, because you're technically in violation of Florida's rules regarding prior notice for landlord entry into a rental unit. Removing your tenant's belongings is also theft regardless of your intent to return the possessions.
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