How to Remove a Roommate Not on the Lease in Florida

Sharing your rental home in Florida can make living costs easier, but sometimes things don’t go as planned. If you need to remove a roommate who isn’t named on your lease, the process is different from evicting a tenant. Below, we’ll walk you through the laws, forms, and typical steps to follow if you find yourself needing to evict a roommate who is not on your lease in Florida.

Understanding Roommate Arrangements in Florida

In Florida, a person living in your rental unit without being on the official lease is considered an "unlawful occupant" or sometimes a "guest." Only those named on the lease (the "tenants") have legal standing with the landlord.

• If your roommate has never had a lease or agreement with the landlord, they’re typically not covered by Florida landlord-tenant laws as tenants.
• If you have a written or verbal agreement with your roommate, you may have separate obligations under Florida contract law.

Legal Steps to Remove a Roommate Not on the Lease

Removing a roommate who isn’t on the lease generally involves the Florida courts, not your landlord. Here’s what you need to know:

Step 1: Ask the Roommate to Leave Voluntarily

The simplest solution is to talk with your roommate and ask them to leave. If they agree, get a written confirmation and set a reasonable date for them to move out.

Step 2: Provide Written Notice

If your roommate refuses to leave, provide a written notice asking them to vacate. While Florida law does not specify the notice type for non-tenants, 7 days is a reasonable timeframe for most situations.

Step 3: File for Unlawful Detainer

If your roommate won’t move out, you may need to file an Unlawful Detainer action. This is different from an eviction—it’s for removing someone who has no legal right to stay in the home.

• Form Name: Florida Supreme Court Approved Family Law Form 12.901(e), Unlawful Detainer
• Used When: A person occupies your property and will not leave, and that person is not a tenant and has no legal agreement with the landlord.
• Where to File: Your local Florida County Clerk of Court. This office handles all residential tenancy filings.

You’ll need to fill out the form, file it with the clerk, and pay a filing fee. The court will then issue a summons for your roommate, who has a chance to respond.

Step 4: Attend Court and Obtain a Judgment

If your roommate does not leave voluntarily after being served, you may have a court hearing. Bring all communication, your lease, and proof your roommate is not on it or a tenant. If the judge rules in your favor, you’ll get a writ of possession—the local sheriff will serve this to physically remove the roommate if needed. Learn more from the Florida Statutes Section 82: Unlawful Detainer.

Official Forms and Useful Resources

• Florida Courts Self-Help Center – Find forms and filing instructions.
• Florida Residential Landlord and Tenant Act (Chapter 83)
• County Clerk Contact Directory – Find your local court office.
• Division of Hotels and Restaurants (for housing complaints)

What Does Florida Law Say?

Roommates who are not on the lease do not have the same protections as tenants but removing them lawfully still requires following official Unlawful Detainer procedures. Never use self-help methods like changing the locks or throwing out their belongings.

1. Can my landlord help remove my roommate if they are not on the lease?
   Usually, the landlord has no legal responsibility if your roommate is not on the lease. You likely need to seek relief through the courts yourself.
2. What form do I use to evict a roommate in Florida?
   You should file the Unlawful Detainer action using Form 12.901(e): Unlawful Detainer with your County Clerk of Court.
3. How long does it take to remove a roommate through unlawful detainer?
   If uncontested, the process can take a couple of weeks. If contested, it may take longer depending on court schedules.
4. Is it legal to change the locks to remove a roommate?
   No. Florida law requires you to go through the courts. Self-help evictions are illegal and may lead to penalties.
5. Can I use police to remove my roommate immediately?
   Police will generally not intervene unless there’s a threat of harm or a court judgment granting removal.

Need Help? Resources for Renters

• Florida County Clerk of Courts – Where to file unlawful detainer and eviction actions
• Florida Law Help – Free or low-cost legal aid
• Florida Bar: Consumer Information on Landlord/Tenant Law
• Florida Residential Landlord and Tenant Act (Chapter 83)

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1. Florida Statutes Chapter 83: Florida Residential Landlord and Tenant Act
2. Florida Statutes Section 82.035: Unlawful Detainer Procedures
3. Official Unlawful Detainer Form: Florida Supreme Court Family Law Form 12.901(e)
4. Residential tenancy issues handled at the County Clerk of Court: www.flclerks.com

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