An ejectment is a legal process a homeowner uses to force another individual out of their rightfully owned property. This process is typically used when the individual you are seeking to eject is claiming rights over the property. The ejectment procedure is one that can only be used if there is no landlord/tenant relationship and there is no lease agreement. The most important part of pursuing an ejectment cause of action is establishing that you are the sole property owner.
When is ejectment useful?
An ejectment is useful when there is an individual who is claiming to have property rights over your rightfully owned property. This can look like an individual who is staying at your home and periodically pays you a sum of money, but there is no lease agreement. Another common example is when an individual purchases a foreclosed home, but the prior owners refuse to leave the property.
What is the process of ejectment?
The first step is to file a complaint at the circuit court stating that you are the rightful owner and that the person is unwanted in your home and needs to be removed. The person whom you are filing the complaint against has 20 days to respond. If the person does not answer, a default judgment can be entered against them and they will be forced from the home. If the person does answer, a hearing will likely occur in order to determine who rightfully owns title to the property
What is the difference between ejectment and unlawful detainer?
The main difference between ejectment and unlawful detainer is that in the ejectment cause of action the unwanted individual is claiming to have property rights over the home. In filing an unlawful detainer action the unwanted individual is not claiming to have any rights over the property.
