Eviction Or Unlawful Detainer? What’s The Difference And How Do You Remove an Unwanted Person From Your Florida Home?

Removing a person from your Florida home can be tricky for most real property owners who do not understand how to navigate the vast waters Florida’s civil court system.  Often, property owners will take steps toward removing a person from their property only to have their case dismissed by a judge for improper procedures where they will find themselves in the same place they began while the unwanted occupant is allowed to remain inside the owner’s property.

Unlawful Detainer vs. Eviction

An Unlawful Detainer is governed under Florida Statute Chapter 82 which allows for the removal of a person or unwanted guest from real property.  In many ways, it is similar to an Eviction except for a crucial difference, evictions require the person residing on the property, also referred as the Tenant to have a lease.  A lease gives the Tenant a right to occupy the property whereas in an Unlawful Detainer the person occupying the property does not have a lease and therefore has no right to possess the property.  The most common type of occupant in an unlawful detainer action is commonly referred to as the “Squatter.”  Unlawful detainers are not limited to squatters however, in many situations it can be an old boyfriend, girlfriend, or simply a guest who has overstayed their welcome.  Both evictions and unlawful detainers are considered summary procedures which means once the unwanted occupant is served process under Florida law, the occupant has five (5) days to file their Answer and allege any legal defenses to the Court.

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