Ejectment Action: The Plaintiff’s Cry For Jurisdictional Integrity

Whether you are a landlord or owner, removing an unwanted occupant from your Florida residential home or commercial unit requires careful navigation through the judicial system. In fact, Florida law requires owners to file an action in civil court to remove an occupant.

The two most common ways to remove an unwanted occupant are filing an unlawful detainer or an eviction action.  To recap from my previous blog, and unlawful detainer is used when an occupant does not have a lease for the premises, and an eviction is the method used when an occupant has a lease for the premises.  In both situations, the action is filed in county court where a competent county judge is to determine the issue of right of possession and restore an owner’s right to their property.  How is a competent county court judge supposed to promote this right to the owner when the jurisdiction to do so is taken away without discretion?  Enter the famous ejectment action.

What is Ejectment?

Ejectment is the third mechanism for an owner to remove an unwanted occupant from their real property.  Ejectment actions are only allowed to be filed in circuit court and arises when a defendant claims an interest in the title of the subject property they are being removed from.

Picture this:

An owner comes home from a long vacation to find someone has been living on their property for a month.  The owner files an unlawful detainer action to remove the unwanted occupant from their property.  The occupant files an answer claiming part of the property was deeded to them last year.

The example above is a classic scenario for an ejectment claim.  In our example, the occupant filed an answer alleging ownership interest. When this occurs, the case will either be dismissed or transferred to the circuit court to decide the issue of ownership. 

Potential Abuse of Ejectment as a Delay Tactic

Each year the Florida court system is flooded with thousands of new case filings.  Unlawful detainers and eviction actions are given summary procedures meaning the case is meant to move along faster than a case with a regular scheduled trial.  When a defendant screams ownership, Florida Courts have stated “this screams ejectment and should be transferred to circuit court” citations omitted.  This raises issues of delay in the true owner’s right to the property.  A defendant who wishes to remain in the property a while longer may simply claim in a general allegation of their answer, they have an ownership interest. Owners should assess the situation of the occupant they seek to remove before taking action as the cry for ejectment may leave an owner paying costly transfer fees or even risk dismissal of the case.

It is important to consult an attorney for assistance in removal of occupants to avoid unnecessary delay and risk of dismissal for improper procedure and filings.

Need help removing someone from your real property?  Legal Counsel, P.A.  specializes in evictions and unlawful detainer actions and may be able to assist you. Have questions?  We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

John Sannuto, III, Esquire