Florida Unlawful Detainer Lawyers
Are you a homeowner in Florida struggling with a guest who simply won’t leave your home? It’s a frustrating situation that many homeowners find themselves in, especially in the aftermath of financial crises that lead to evictions, forcing former tenants to seek refuge with family. If you’re dealing with a guest, ex-partner, or family member who refuses to vacate your property, or if unauthorized individuals have taken up residence in your home, it can feel overwhelming to navigate the process of reclaiming ownership of your property.
The first step is to determine whether a landlord/tenant relationship exists. This involves considering whether any rent or money was exchanged for the occupant’s stay, or if there was a written agreement specifying the duration of their residency. If there’s no such agreement or financial transaction involved, you might have grounds for an unlawful detainer action to regain exclusive possession of your home. It’s essential to understand that an unlawful detainer differs from an eviction in that it doesn’t necessitate a landlord/tenant relationship or formal written notice before initiating legal action.
In Florida, an unlawful detainer action is filed in the county court where the property is located, according to Florida Statutes, Chapter 82. The owner of the property is entitled to a summary procedure, which is a shortened timeline for the lawsuit process. All defenses must be included in the defendant’s answer, which must be filed within five days of being served with the lawsuit. It’s important to note that it is not legal to lock out the unwanted occupant to regain possession of your property.
If you are successful in your unlawful detainer action, the court will issue a writ of possession, which allows the sheriff to physically remove the occupant from the property and return it to you. It’s important to have an experienced attorney to guide you through the process and protect your rights. If you are dealing with an unwanted guest in your Florida home, don’t hesitate to seek legal help.
The experienced and knowledgeable Florida unlawful detainer attorneys at Law Office of Ryan S. Shipp, PLLC are here to help with all of your unlawful detainer, eviction, and ejectment needs. Don’t go through this process alone. Call us today @ 561.699.0399 or set-up an appointment to visit our Lantana Florida office location.
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