In the state of Florida if there is never a lease given to a tenant can the landlord just throw you outfor not paying rent?

Answer 1

If money or services have changed hands such that they may be construed to have been "rent", a tacit contract has been formed. Albeit considered a lease, renter's agreement or any other kind of contract, it is in fact a legal covenant. In the case of renter's agreements, tenancy law or residential law (anmes vary by state) come into play. The one thing all of the states' residential laws have in common is that the way you remove an undesirable tenant from your propery is called an Eviction, and an Eviction must follow due process of law. Because evictions are "streamlined" (i.e. made very fast for the landlord's benefit), the landlord has an increased burden of following due process most carefully. Put another way, the courts are willing to speed up due process to the breaking point in favor of the landlord. In exchange for this, the landlord must dot every I and cross every T. Removal of the tenant without due process of law (e.g. "creative" evictions) often carry very stiff penalties including criminal charges. In summary then, the answer to your question is NO. The landlord must instigate and follow through a formal eviction.