Landlord/Tenant & Evictions

Florida Guest Overstays Their Welcome, What Next?

Unlawful Detainer
Unlawful Detainer

In Florida, when a guest/family member/friend/significant other overstays their welcome and now refuses to leave your Florida property, how do you remove them legally?  In this situation, an owner of the property is now forced to take legal action in the form of an unlawful detainer to have the guest/family member/friend/significant other removed.  An unlawful detainer action proceeding is used when the owner of the property and occupant does not have a landlord/tenant relationship and the guest/family member/friend/significant other overstays their welcome.  This situation can arise during the holidays and times of emergency, including natural disasters such as hurricanes when a guest/family member/friend/significant other takes advantage of an owner’s generosity.


Florida Statute 82 describes in detail the process for removing a friend/family member/guest/significant other by unlawful detainer.  An unlawful detainer is still classified under summary procedure in Florida which means that the case is heard on an expedited basis.


An unlawful detainer can easily be confused with an eviction action, however the difference is substantial.  As described earlier, an unlawful detainer action is only utilized when there is NOT a landlord/tenant relationship.


If you’re a property owner in Palm Beach County or you need assistance with an unlawful detainer, call your unlawful detainer attorneys today at The Law Office of Ryan S. Shipp, PLLC. Our experienced unlawful detainer attorneys are here to assist with all of your Florida Real Estate needs. Call us today @ (561) 699-0399.


Our office is located in Lantana, Florida. We serve South Florida.