[FL] Can I be arrested for sleeping at my parents’ house without permission?
I live in Florida. My parents moved out of the house and said I could stay there until the house is up for sale. Yesterday, they said I had to leave and called the police. The police said that because I don’t have a key, I have to leave or they’ll arrest me. My address is the same address as the house, and all my mail is sent there.
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It’s a tough spot to be in. Even without a written lease, Florida law may consider you a “tenant at will” since you’ve been living there for 4 months with permission and receiving mail at the address (§§ 83.01, 83.02). In Florida, once someone has established residency—even informally—they generally can’t be removed by police without a formal eviction process. The fact that you don’t have a key does not automatically strip you of occupancy rights, especially if you’ve been there long enough to establish it as your home.
But here’s the problem: If the police showed up and said they’d arrest you, they may have treated this as a trespassing issue rather than a landlord-tenant matter—possibly because your parents claimed you were there without current permission (Fla. Stat. § 810.08).
Your best options would be: If you've already left, you could send a letter asserting your residency status and request formal notice if they want you out. If you’re still in the home, calmly explain your situation and ask them to give you written notice and proceed through the legal eviction process if they want you to leave. If they don’t, and they try to remove your things or lock you out, you can file a wrongful eviction claim.
Here's a formal letter asserting tenant rights or a response to law enforcement if you’d like:
[Your Full Name]
[Your Address]
[City, State ZIP]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Full Name or Property Owner]
[Landlord’s Address]
[City, State ZIP]
Re: Assertion of Tenant Rights and Unlawful Threats of Removal
Dear [Landlord’s Name],
I am writing to formally assert my rights as a tenant in actual possession of the property located at [Insert Full Address], where I have resided for the past [insert length of time, e.g., “four months”] with your knowledge and consent. During this time, I have received mail at the property and maintained my belongings at the residence, which further confirms my legal occupancy under Florida law.
On or about [insert date], I was informed—either directly by you or by law enforcement—that I would be forcibly removed or arrested if I did not vacate the premises. I want to make clear that such actions are not lawful without a court-ordered eviction pursuant to Chapter 83 of the Florida Statutes.
Florida law does not allow self-help evictions. You may not change the locks, deny me entry, remove my belongings, or threaten my physical removal without first obtaining a court judgment for eviction. Any such action would constitute a wrongful eviction under Fla. Stat. § 83.67, exposing you to civil penalties.
This letter is to respectfully demand that you cease any further attempts to deny me access or threaten removal unless and until a proper legal process is followed. I remain open to resolving this matter calmly and lawfully.
Sincerely,
[Your Full Name]
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I live in Florida. My parents moved out of the house and said I could stay there until the house is up for sale. Yesterday, they said I had to leave and called the police. The police said that because I don’t have a key, I have to leave or they’ll arrest me. My address is the same address as the house, and all my mail is sent there.
Lexi, Chatbot
I’m sorry to hear about the situation with your parents and the police. Are you currently staying at the house in Florida?
Yes.
Lexi, Chatbot
Do you have a formal written agreement or lease with your parents regarding your stay at the house?
No.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your housing situation.
No.
Gurney P
Welcome and thank you for using AskaLawyer. My name is Gurney, and I'm the attorney who will be assisting with your question. I'm happy to draw on my years of experience as an attorney and former prosecutor to offer some guidance.
How long have you been living in the house since your parents moved out?
Around four months.
Gurney P
It’s a tough spot to be in. Even without a written lease, Florida law may consider you a “tenant at will” since you’ve been living there for 4 months with permission and receiving mail at the address (§§ 83.01, 83.02). In Florida, once someone has established residency—even informally—they generally can’t be removed by police without a formal eviction process. The fact that you don’t have a key does not automatically strip you of occupancy rights, especially if you’ve been there long enough to establish it as your home.
But here’s the problem: If the police showed up and said they’d arrest you, they may have treated this as a trespassing issue rather than a landlord-tenant matter—possibly because your parents claimed you were there without current permission (Fla. Stat. § 810.08).
Your best options would be: If you've already left, you could send a letter asserting your residency status and request formal notice if they want you out. If you’re still in the home, calmly explain your situation and ask them to give you written notice and proceed through the legal eviction process if they want you to leave. If they don’t, and they try to remove your things or lock you out, you can file a wrongful eviction claim.
Here's a formal letter asserting tenant rights or a response to law enforcement if you’d like:
[Your Full Name]
[Your Address]
[City, State ZIP]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Full Name or Property Owner]
[Landlord’s Address]
[City, State ZIP]
Re: Assertion of Tenant Rights and Unlawful Threats of Removal
Dear [Landlord’s Name],
I am writing to formally assert my rights as a tenant in actual possession of the property located at [Insert Full Address], where I have resided for the past [insert length of time, e.g., “four months”] with your knowledge and consent. During this time, I have received mail at the property and maintained my belongings at the residence, which further confirms my legal occupancy under Florida law.
On or about [insert date], I was informed—either directly by you or by law enforcement—that I would be forcibly removed or arrested if I did not vacate the premises. I want to make clear that such actions are not lawful without a court-ordered eviction pursuant to Chapter 83 of the Florida Statutes.
Florida law does not allow self-help evictions. You may not change the locks, deny me entry, remove my belongings, or threaten my physical removal without first obtaining a court judgment for eviction. Any such action would constitute a wrongful eviction under Fla. Stat. § 83.67, exposing you to civil penalties.
This letter is to respectfully demand that you cease any further attempts to deny me access or threaten removal unless and until a proper legal process is followed. I remain open to resolving this matter calmly and lawfully.
Sincerely,
[Your Full Name]
I have already left, and the house is currently empty; none of my belongings are there. When the police approached me, I was sitting in my car in the driveway. They said if I come back, they will arrest me. They also said that my license having the same address as the house and my mail being sent there doesn’t mean anything because I don’t have a key, and my mom told them I’m not allowed to be there. I normally enter and exit through the back door, it has a dog door. I reach through to unlock and lock the house as I come and go. The only furniture in the house is a bed with the frame, pillows, and comforter in their spare room, which is where I would sleep. If I go back to the house to go to sleep, will I be arrested? I understand this is a bad question to ask. Also, thank you for the letter.
Gurney P
No worries, not a bad question at all. I don't think it would result in an arrest.
What should I say to the police if they come back and try to arrest me? Also, they never said I was trespassed, they specifically said "if I come back, I'm going in cuffs."
Gurney P
I think that's where the formal response to law enforcement would come in. But basically, you'd say you're not doing anything illegal. And police tend to be shy about stepping into civil disputes like this. They prefer court orders.
Okay, thanks for all the help this late at night. Have a good night.
Gurney P
Ok, good night! Thanks for using AskaLawyer, and you're welcome back anytime!
Sorry, I have one last question. I was reading the formal letter, and I saw the part about having belongings in the house. I don’t have any of my belongings at the house. The bed in the guest room isn’t mine. I generally only go in the house at night to go to sleep. Does my not having any of my belongings in the house change the situation?
Gurney P
No worries, having things at the house is optional. I'll be happy to answer more questions in a new chat!
Gurney P
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