Florida Unlawful Detainer Lawyers
Are you a homeowner in Florida dealing with a guest who refuses to leave your home? This is a common problem that many homeowners face, especially as a result of the financial crisis leading to evictions and the need for former tenants to move in with family. If you are in a situation where a guest, ex-partner, or family member refuses to leave your home, or if you have squatters occupying your home without permission, it can be overwhelming to navigate the process of regaining possession of your property.
One of the first things to determine is if a landlord/tenant relationship exists. This includes whether any rent or money was exchanged for the occupant to stay at the property, or if there was a written agreement outlining a specific duration of time for their stay. If the answer is no, you may have grounds for an unlawful detainer action to regain exclusive possession of your home. It’s important to note that an unlawful detainer is different from an eviction, as it does not require a landlord/tenant relationship or any formal written notice before filing a lawsuit.
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.