An unlawful detainer is a legal process that is used to remove an individual from your property when they have overstayed their welcome. This is a type of lawsuit that can be filed by a landowner to gain possession of their property again. Unlawful detainer is typically used when there is no established landlord – tenant relationship. A common scenario is when you have allowed a friend, significant other, or family member to stay at your home for free, but they are now refusing to leave. An unlawful detainer is a county court lawsuit that is filed pursuant to Florida Statute Chapter 82.
Requirements under Chapter 82:
- You have a legal right to reside in the home
- There is no tenant/landlord or lease agreement between the parties
- There is no sort of agreement of paying rent between the parties, either written or verbally
What does the unlawful detainer process look like?
First, you must give written notice to the person you would like to remove from your home. You should deliver this notice to the individual or place it in a communal area that the individual frequents. If the individual still refuses to leave you now may file an Unlawful Detainer complaint against them. The individual refusing to leave must be served with a Summons and the Complaint. After being served, the individual has five (5) working days to respond to the complaint. If the individual does not respond the court may have the authority to remove the individual from your home. If the individual does respond, a hearing may be held in order for each party to state their case and their proposed ownership interest in the home.
When is an unlawful detainer lawsuit useful?
An unlawful detainer lawsuit is often useful when you have allowed someone to stay on your property without a lease agreement, and often without any sort of payment in return. In these types of situations the traditional eviction process would not apply because there was no lease agreement between the parties.
What is the difference between unlawful detainer and ejectment?
An unlawful detainer and ejectment might seem similar, but there is a distinct difference between the two. In an unlawful detainer scenario, the person who has overstayed their welcome does not have any claim to the property. This means that the person was simply staying there and using your property without payment or anything in return. In an ejectment scenario, the person whom the action is being enforced against has an assertion of rights over the property. This means that the person believes that they have interest in the property for reasons such as making improvements to the property, or making payments.
