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 For Property Owners
- You are the owner of the property;
- Your ex-girlfriend, ex-boyfriend, ex-domestic partner, grown child, or guest has no rental agreement and does not pay rent;
- You have invited them to stay for a certain time period and have not placed it in writing;
- You have asked them to leave but they refuse to do so; and
- They do not have any ownership interest in the property or their response to the unlawful detainer does not claim an ownership interest in the property.
What If I Receive Rent?
If your ex-girlfriend, ex-boyfriend, ex-domestic partner, grown child, or guest has been paying rent or has a written lease or a rental agreement, then the correct action for their removal is most likely an eviction lawsuit. Eviction actions begin with the posting or serving of a three day notice or a fifteen day notice terminating their tenancy. Upon the expiration of the period stated in the notice, if they are still in the property, you may file an eviction complaint with the court requesting their removal.
On the other hand, if they do not pay rent and do not have a lease or rental agreement, you can file an unlawful detainer action with the county court for their removal. If the unwanted occupant alleges 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 and your lawsuit may be dismissed or transferred to the circuit court. In an ejectment, you will be required to prove ownership.
Florida law recognizes unlawful detainers, evictions, and ejectments to be causes of actions to remove someone from real property. If you have an ex-girlfriend, ex-boyfriend, ex-domestic partner, grown child, or guest that is living in your property and they do not have an ownership interest, there is no rental agreement, and they refuse to leave- an Unlawful Detainer is the recommended course of action. If you are a Florida property owner that currently would like to remove an ex-girlfriend, ex-boyfriend, unwanted guest or family member, contact your Florida Unlawful Detainer Lawyers at 954.323.2529. We have offices in Coral Springs and Lantana to better assist you. We serve all of Florida’s 67 Counties.