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Roommate Won't Leave in Miami, FL

Under Florida law, a roommate who refuses to leave is treated as a tenant — even without a written lease. You cannot simply change the locks or remove their belongings. Here is what the law requires and how Miami residents typically resolve these situations.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

Florida Treats Your Roommate as a Tenant

Florida Statute §83 governs residential tenancies. Once a person has been occupying a space — paying rent or simply living there with your permission — they acquire tenancy rights. This applies even without a formal lease. An oral month-to-month arrangement is legally valid, and removing someone from that tenancy requires the same process as a formal eviction.

Required Notice Before Filing

For a month-to-month tenancy with no specific lease violation, Florida requires a 15-day written notice to terminate the tenancy, delivered before the end of a rental period. If the roommate owes rent, a 3-day notice demanding payment or surrender of the premises may be used instead. The notice must be properly served — hand-delivered or posted on the door with a copy mailed.

Self-Help Eviction Is Illegal in Florida

Changing the locks, shutting off utilities, removing your roommate's belongings, or otherwise forcing them out without a court order is considered a 'self-help eviction' and is illegal under Florida law. Violations can expose you to a lawsuit for wrongful eviction, with damages up to three months' rent. Even if the roommate is clearly in the wrong, you must follow the court process.

Filing in Miami-Dade County Court

After proper notice expires, if the roommate refuses to leave, you file an eviction (unlawful detainer) action in Miami-Dade County Court. The filing fee is approximately $185 for claims under $2,500. The court will issue a summons; if the roommate does not respond within five business days, you can request a default judgment. A writ of possession is then issued and the Miami-Dade Sheriff's Office carries out the physical removal.

Frequently Asked Questions

Can I change the locks on a roommate who won't leave in Miami?
No. Changing the locks without a court order is an illegal self-help eviction under Florida law. You could be liable for damages including up to three months' rent. Wait for the court to issue a writ of possession.
How long does it take to evict a roommate in Miami?
The timeline is typically 4–8 weeks from sending the required notice to the sheriff carrying out the writ of possession — assuming no contested hearing. A contested eviction can take several months.
Does my roommate have tenant rights without a written lease in Florida?
Yes. Florida law recognizes oral month-to-month tenancies. If your roommate has been living with you and contributing to rent or household expenses, they likely have tenant protections regardless of whether anything was signed.
What is the difference between a tenant and a guest under Florida law?
Generally, someone who pays rent or has lived in the home for 30 or more days is considered a tenant and has legal protections. An overnight guest does not. The line can be blurry, and courts look at the totality of the arrangement.
Do I need a lawyer to evict my roommate in Miami?
You are not required to have a lawyer for an uncontested eviction in small claims amounts, but an attorney can navigate the procedural requirements and avoid costly mistakes. Miami-Dade County also has a Landlord-Tenant Mediation Program that can help resolve disputes before court.

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Roommate Won't Leave in Miami, FL — Legal Guide | Counsel | Counsel