What Is A Florida Unlawful Detainer?
Do you need to remove your ex from your Florida Home because they refuse to leave? Are things over and they just don’t seem to get it? Quit being frustrated and call 954 Eviction Attorneys.
If you want your ex removed from your home, you should file an Unlawful Detainer.
When filing it, it is essential that it is not confused with an Ejectment or an Eviction. This can add unnecessary delays. To remove your girlfriend or boyfriend under Chapter 82, the action must meet certain elements.
Florida Unlawful Detainer Requirements
- You are the owner of the property;
- Your girlfriend or boyfriend do not have a lease and do not pay rent;
- You have not invited them to stay for a certain time period and have placed it in writing;
- You have asked them to leave but they refuse to do so; and
- They do not have any ownership in the property or their response to the Unlawful Detainer does not allege that they have an ownership interest.
What If I Receive Rent?
If your girlfriend or boyfriend has been paying rent or has a lease, then the correct action is an Eviction. That begins with the posting or serving of a three day notice or a fifteen day notice. Thereafter, you must file a complaint requesting their removal. On the other hand, if they do not pay rent and do not have a lease, you can file an Unlawful Detainer. If they allege that they have an interest in the property in response to an Eviction or Unlawful Detainer, the proper action is known as a Florida Ejectment. In an Ejectment, you will be required to prove ownership.
Florida recognizes that Unlawful Detainers, Evictions, and Ejectments to be causes of actions to remove someone from a property. If you have a girlfriend or boyfriend that is living in your property and they do not have an ownership interest, do not pay rent, and refuse to leave, an Unlawful Detainer is the recommended action. If you are a Homeowner that currently would like to remove a girlfriend, boyfriend or family member, contact your Unlawful Detainer Attorneys at 954.323.2529. We have offices in Broward and Lantana to better assist you.