Unlawful Detainer in Florida: How to Remove an Unwanted Guest

Having a guest over can be fine—until they refuse to leave. Whether it’s a former friend, ex-partner, or family member, removing them can be challenging. In Florida, the legal remedy is an unlawful detainer action, which allows property owners to remove guests who won’t vacate.

What Is an Unlawful Detainer?

An unlawful detainer is a legal action used to remove someone who never had a lease or rental agreement but refuses to leave. It applies to:

✔ A guest who overstayed their welcome

✔ A former friend, partner, or family member

✔ An adult child who won’t move out

Unlike an eviction, unlawful detainer applies only to non-tenants who never paid rent.

Unlawful Detainer vs. Eviction vs. Ejectment

Legal Action	When to Use It	Who It Applies To
Eviction	Tenant refuses to leave	Someone who pays rent
Unlawful Detainer	Guest refuses to leave	A guest, friend, or family member with no lease
Ejectment	Ownership dispute	Someone claiming ownership

If the person never paid rent and has no lease, file for unlawful detainer.

How our office helps to File an Unlawful Detainer in Florida

Step 1: We Demand the Guest Leaves

Before taking legal action, we send a demand letter asking them to leave the property voluntarily.

Step 2: File an Unlawful Detainer Complaint

We File a Complaint for Unlawful Detainer in court including all the required information and documents. We then serve the unwanted guests with the court documents.

Step 3: Court Hearing and Judgment

• The guest has 5 days to respond once they are served. Depending on the guest’s response we will either send in additional paperwork to the court or set the matter for a final hearing. We will eventually request a final judgment of possessions

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Step 4: Removal by Law Enforcement

If the guest still refuses to leave after judgment is entered against them, we work closely with the Sheriff’s Office to forcibly remove them from the property.

Why Hire a Florida Attorney?

A real estate attorney can:

✔ Ensure correct legal filing

✔ Represent you in court

✔ Speed up the process

✔ Assist with sheriff enforcement

We help Florida homeowners legally remove unwanted guests quickly.

Final Thoughts

If a guest refuses to leave, an unlawful detainer action is your best option. Unlike eviction, this process does not require a lease or rental agreement.

Should you need assistance in removing a guest from your property, The Soto Law Office is here to help. Visit our website at www.TheSotoLawOffice.com or contact us at (321) 972-2279 for professional guidance tailored to your needs.