Ale Prado | April 28, 2023 | Florida Law
How Do Parents Evict Their Adult Children in Florida?
Unfortunately, more and more parents are faced with the question of how to get a grown son or daughter out of the house. Even though adult children might not believe a parent can kick them out, it is legal to kick your child out at 18 years old in Florida.
How To Get Rid of a Grown Child in St. Petersburg, FL
Before we discuss legal remedies for a parent to kick out a son or daughter, let’s discuss using non-legal remedies. The best way to preserve your relationship with your adult child is to find an amicable solution to the problem.
Sit down with your child to discuss developing a plan to help them move out and live independently. Your adult child might need assistance creating a personal budget that helps them save money for rent or a down payment on a home. Then, you might need to help your child learn how to create a household budget to cover the monthly living expenses on their own.
Sometimes, parents might offer to pay the security deposit and first month’s rent to help their adult child move out. In other cases, parents might agree to match a child’s contributions to a savings account to move out.
You might want to consider mediation if you cannot work with your child one-on-one. A mediator is a neutral party that helps you and your child identify issues and work out an agreement. A third party assisting with the discussions could keep tempers down and avoid assaults.
The mediator does not take sides or make decisions for you. Instead, they facilitate discussions to resolve differences.
At the end of mediation, the mediator can create a written agreement for both parties to sign. If the agreement conforms to Florida contract law, the agreement becomes a legally binding contract between the parent and adult child.
How To Legally Evict Someone From My House in St. Petersburg, FL
If non-legal remedies do not work, you must take legal action to evict your adult child. Your child might ask, “Can my parents kick me out?” when they receive the legal documents. The answer is yes.
You can evict your adult child from your home in Florida in two ways.
File an Unlawful Detainer Action Against an Adult Child in Florida
Chapter 82 of the Florida statutes governs unlawful detainer actions. An unlawful detainer action is often easier and quicker than an eviction proceeding.
However, your situation must meet strict requirements to qualify for an unlawful detainer action. The following must apply to file an unlawful detainer action:
- You have revoked permission for your son or daughter to remain in your home, or they refuse to leave after you asked them to move out;
- Your adult child does not have any ownership interest in the property; and,
- You and your child do not have a lease agreement, and your child has not paid rent to you.
There cannot be a landlord/tenant relationship for you to use this method to remove your adult child from your home in Florida. When you serve your child with the unlawful detainer forms, they have five days to respond. If they do not respond, the judge should issue a final order stating they must leave the home.
Typically, an unlawful detainer action takes about four to six weeks to complete. During that time, your adult child can remain in your home. They do not have to leave until the judge orders them to do so.
Evicting Your Adult Child From Your Home in Florida
You must file an eviction if you do not qualify to use the unlawful detainer action. The eviction process is governed by Chapter 83 of the Florida Statutes.
Landlords use the eviction process to evict tenants who have violated their lease agreement. Unlike an unlawful detainer action, you must notify your child to correct their violation or leave before filing the eviction action.
If your adult child refuses to pay rent according to a lease agreement, you must give them notice to pay the rent or leave the home in three days. Weekends and holidays do not count in the three-day notice.
If your adult child violates another section of the lease agreement, the notice period is seven days. You must notify them that the lease is terminated if they do not comply with the lease terms within seven days.
Other violations could result in an eviction action, such as destroying property or intentionally causing a disturbance. Unlike the notice to cure, they have seven days to leave your home after you serve them with a 7 Day Notice of Termination of the Lease Agreement.
The requirements to evict an adult child who does not have a lease agreement with you differ based on the facts of the case. If you need to evict your adult child from your home in St. Petersburg, it is wise to talk with a lawyer before taking any action. You want to ensure you take the correct actions the first time so you do not need to repeat the process.
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