Unlawful Detainer Florida Attorney
You let someone stay; the arrangement soured, and now they will not leave. There was never a lease, and they claim no ownership. That is what an unlawful detainer in Florida is built for. Legal Counsel, P.A., represents Orlando property owners.
How Legal Counsel, P.A. Helps With an Unlawful Detainer
An unlawful detainer action is the action a Florida property owner uses to recover possession from someone occupying the property without a lease or claim of ownership. The classic case is a friend, relative, or former partner who was allowed to stay and now refuses to go. It also covers a person who moved in without permission, or a squatter, as long as the only real question is possession, not who owns the property.
At Legal Counsel, P.A., our real estate attorneys represent property owners in Orlando and across Central Florida in unlawful detainer actions. An unlawful detainer action Florida property owners rely on works only when the facts fit, so we confirm the action suits your situation, prepare and file the complaint in the county where the property sits, arrange service on the occupant, and pursue the writ of possession to return control of your property to you.
Understanding Unlawful Detainer Under Florida Statutes
Florida gives a property owner three separate tools to remove an occupant, each suited to a different situation. Eviction applies when a landlord-tenant relationship exists, and a tenant has breached a lease or failed to pay rent. Ejectment applies when the occupant claims a title or ownership interest in the property. Unlawful detainer, governed by Chapter 82 of the Florida Statutes, applies when the occupant has no lease and asserts no ownership, so the only issue is who is entitled to possession.
That middle position is exactly why unlawful detainer moves quickly. Because there is no lease to interpret and no title dispute to try, the action proceeds under Florida’s summary procedure, a streamlined court process that resolves possession faster than ordinary civil litigation. An unlawful detainer is filed in the county court where the property is located; for the Orlando area, that is the Orange County court within the Ninth Judicial Circuit at the Orange County Courthouse downtown.
The process itself is straightforward when the facts are clean. In an action for unlawful detainer, the owner files a complaint, the occupant is formally served, usually by a sheriff or process server, and the occupant then either vacates or contests the action. If the occupant responds by showing that they actually hold title, or that a lease made them a tenant, the matter may no longer be an unlawful detainer at all. A genuine ownership claim supports ejectment; a real landlord-tenant relationship supports eviction. This is the fork that decides these cases, and it is worth getting right before you file. One time-sensitive note: when someone has forcibly entered or is squatting, it is important to act promptly, because delay can complicate the removal.
Our Approach to Unlawful Detainer Matters
We start by confirming the two facts that decide the remedy: whether any lease or rent arrangement ever existed, and whether the occupant claims to own any part of the property. If the answer to both is no, an unlawful detainer is almost always the right and fastest path, and we move it through the county court efficiently. If either answer is yes, we tell you plainly and steer you to eviction or ejectment instead, so you do not lose weeks to a dismissed case.
Throughout, we keep the matter moving and keep you informed. The aim is simple: lawful possession of your property returned to you with as little delay as the process allows.
Why Work With Legal Counsel, P.A.?
Unlawful detainer looks simple until an occupant raises a claim that changes the whole analysis, and that is where experience across both real estate and litigation earns its keep. Legal Counsel, P.A. practices in both, so we can spot early whether your matter is truly an unlawful detainer or is about to become an eviction or an ejectment. Our attorneys bring decades of combined real estate and litigation experience to these matters.
Clients track their cases through a secure online client portal, with document access and direct communication with the firm. Results matter to us, and here that means restoring your possession by the correct, fastest lawful route.
Serving Orlando and Central Florida
Legal Counsel, P.A. represents property owners throughout Central Florida, including Orange, Seminole, and Lake counties, along with Pinellas and Hillsborough counties, from offices in Winter Garden, Orlando, and Seminole. Unlawful detainer actions in the Orlando area are filed in the Orange County court at the courthouse downtown, and knowing how that court handles summary-procedure cases is part of representing you well.
An unlawful detainer is one of several real estate litigation tools we use to protect an owner’s right to possession, and the right choice among them depends entirely on your facts.
Frequently Asked Questions
