Legal Question in Landlord & Tenant Law in Florida

Common Law Eviction

I have someone living with me in my house that I would like to have leave my house. We have talked and she says she is not leaving. We just don't get along and it's best for all that she leave. What are my legal rights in this matter?


Asked on 10/22/07, 8:00 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Common Law Eviction

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no such thing as a "common law eviction" in Florida. All evictions are the same and must follow the laws regarding evictions as set forth in Chapter 83 of the Florida Statutes. You must give a Three Day Notice to Pay Rent or Vacate and then file suit for eviction.

Scott R. Jay, Esq.

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Answered on 10/23/07, 1:35 am


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