Unlawful Detainer Action in Florida

 Are you a property owner or a legal tenant with a relative, a child above 18 years, an ex-spouse, friend, ex-girlfriend, ex-boyfriend, or any person living on your property without paying rent and has no rental agreement or lease but won’t leave? Have you and that person's relationship broken, and you now ask them to leave, but they have refused? Or are you a homeowner with a squatter or an unwelcome individual who refuses to leave?

If any of the above is true, you don't need an eviction or ejectment action.

Unlawful detainer acts are governed by Chapter 82 of the Florida Statutes, which lays out landowners’ provisions to protect their rights in the property. An unlawful detainer action in Florida is a County Court litigation that does not include landlords, tenants, or leases such as lease agreements. It consists of a squatter or an anonymous person renting your land without paying rent or mortgage fees and refusing to leave when ordered to, despite having no legal claim or rights to the premises.


When is an Unlawful Detainer Action Necessary in Florida?

You have the right as an owner or occupant in lawful possession of a property to terminate an unwanted guest's occupancy at any moment. However, just calling the cops to evict the unwelcome visitor from the property would not fix the problem. Unfortunately, since it's a civil matter, law enforcement isn't lawfully obligated to evict them from the premises. This means you'll need to get a court order asking the unwanted individual to leave.

If a contract binds a person renting the property, has paid rent, made interest payments, contributed to the property's upkeep, or has paid taxes in return for the use of the property, the legal recourse for removing the person is an eviction.

It's also worth noting that if an individual renting the property isn't bound by a contract, didn't pay rent, mortgage, utilities, or upkeep expenses in return for the use of the property, has no privilege, interest, or title to the property, the legal recourse for evicting the person is an ejectment action, not a Florida unlawful detainer case.

If, on the other hand, a person renting your property is not bound by a contract, has not paid rent, mortgage, utilities, or maintenance expenses in return for the use of the property, and has no valid argument or rights to the premises, an unlawful detainer action in Florida is the appropriate recourse for excluding that person.

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