If a tenant has no written lease, how quickly can they be evicted?

UPDATED: Oct 1, 2022

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If a tenant has no written lease, how quickly can they be evicted?

My mother owns a home which she rents out the lease has been expired for over a month. The tenant wants to stay another three weeks and refuses to leave. She said a lawyer told her she can stay and if my mother wanted her out she would have to evict her, which will take 30 days. Since there is no lease in place can we just ask her to leave immediately with no eviction?

Asked on February 1, 2018 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, the attorney that your mother consulted was correct. Once a written lease ends, a tenant becomes then has a "month-to-month" tenancy. This means that they must be given a 30 day notice to "quit" (leave) ethe prmises. If they fail to do so, then the landlord must file an "unlawful detainer" action (i.e. eviction).

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