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If you have a person living in your property who has not been paying rent, and where there is no established landlord tenant relationship, a landlord may not be able to evict the person using traditional eviction processes. In the case where a person has been living on your property without paying rent or where there is no rental agreement, an ejectment action may need to be initiated. What situations would require an ejectment action instead of an eviction? Perhaps you let a friend live in your property for a certain amount of time or perhaps you made no formal rental agreement with a tenant. It is important to note that if you can prove that a tenant was paying you rent for living on your property, that you may be able to make a case for there being a landlord tenant relationship. If you can provide evidence that rent was paid, either through a check, or through other means, you may be able to establish that there might have been an oral landlord tenant agreement in place. However, oral agreements tend to be harder to prove in court, so individuals in this situation may still need to use an ejectment action. (This is yet another reason for landlords to make sure their rental agreements are sound and valid.)
If you need to use an ejectment action to remove a person from your property, consider speaking to Legal Counsel, P.A. today. If the person who is residing in your property doesn’t hold title, then the landlord will generally prevail in court. However, the process of navigating the court system can be complex. Legal Counsel, P.A. employs an ejectment action lawyer who can help you gather evidence to show that a landlord tenant relationship existed, which may allow you to avoid the ejectment action process and use an eviction instead or if an ejectment action is required, our lawyer can help. Have questions? We have answers. Contact Legal Counsel, P.A. at 407-982-4321.
Ejectment Action Process in Florida
Under normal circumstances, landlords remove tenants from their property using eviction proceedings. However, if a person was living in your property rent free, if there was no rental agreement, or if a person is in possession of your property and you want to remove them (and you hold title to the property), an ejectment action may be necessary. Before beginning an ejectment action, consider speaking to the ejectment action lawyer at Legal Counsel, P.A. in Orlando, Florida. If a tenant has been paying rent, if there is a rental agreement in place, and if you can establish that you have a landlord tenant relationship, an eviction may be the most appropriate method to remove a person from your property.
However, sometimes when the landlord tenant relationship isn’t in place, an ejectment action must be initiated. How does a landlord initiate this process? Individuals who want to initiate the ejectment process must submit all documents proving title to the court. The property owner must submit a claim for ejectment with the title. The individuals occupying the property in question must also be formally served notice of a hearing. Individuals occupying a property may have the right to dispute the ejectment. For example, if the person occupying the property can show a claim to the title, the case could get complex. At the end of the day, if you need to use the ejectment action process in Florida, consider speaking to the ejectment action lawyer at Legal Counsel, P.A. in Orlando, Florida who can review your situation and help you navigate the court system. Have questions? We have answers. Contact Legal Counsel, P.A. at 407-982-4321.
Ejectment Action and Title Disputes in Florida
Ejectment actions can get complicated if a person who is a tenant or who is residing in a property claims to have ownership rights to the property. Generally, the person who holds title has the claim to ownership, but there might be cases where title disputes can arise. For example, in families, one family member residing in the property might claim he or she has the right to title due to inheritance or other issue. Another situation is where a person may have been squatting on your property or land. Under Florida law, an individual may be able to claim adverse possession, or claim title to land or property if the person has been residing on the land or property for at least seven years and has been paying taxes on the property.
If you believe you have unlawfully been dispossessed of your property or land, the ejectment actions lawyer at Legal Counsel, P.A. in Orlando, Florida may be able to assist you. Unlike an eviction process, an ejectment action is taken against a person who wrongfully claims to hold title to a property that you own. So, an eviction would occur when you are trying to remove a tenant or a renter from your property, but an ejectment action would be the process by which you would remove a person who wrongfully claimed to hold title or ownership of your property. An ejectment action is a legal process by which a person who believes they have been illegally ejected from a property can seek possession of the property, damages, and other losses resulting from the wrongful ejection. So, one situation where an ejectment action would be required would be when two parties both claim to hold title to a property. If you are facing having to make an ejectment action, you might be facing a stressful and frustrating situation. A person may be claiming title to property you rightfully own, or a squatter may be trying to claim your property, or you may have a person who has not been paying rent who is refusing to leave. This situation can be rightfully distressing. Contact Legal Counsel, P.A. a law firm that employs an ejectment action lawyer in Orlando, Florida today for assistance. Have questions? We have answers. Contact Legal Counsel, P.A .at 407-982-4321.