Landlord/Tenant & Evictions, Time for Court

Guest Won’t Leave House Florida

Unlawful Detainer


Are you a Palm Beach County Florida homeowner involved in a situation where you have an invited guest that has overstayed there welcome and will not leave your Palm Beach County Florida home? Do you own a home in Palm Beach County Florida and have had a recent break-up with a girlfriend or boyfriend and they refuse to leave? Has a family member refused to leave? Unfortunately, many of our clients undergo these common types of everyday issues. The most typical questions we get in this area are:


1. What are my options; and
2. Can I lock them out?


The most common question a knowledgeable Unlawful Detainer Attorney should ask first  is if there is a Landlord-Tenant relationship. In simple terms, was there ever an exchange of money or rent for living? If no, in most cases, depending on a few factors which an experienced Unlawful Detainer Attorney will point out, will most likely take the situation outside of an Eviction or Ejectment and into the category of an Unlawful Detainer.

An Unlawful Detainer in Florida is a lawsuit that is filed requesting another person be ordered to leave your property by the Court. Although similar to an Eviction proceeding, there is NO Landlord-Tenant relationship between the parties. For example, there is no agreement to pay rent, either verbal or in writing. If there is an agreement to pay rent, an Eviction lawsuit should be considered.


In Florida, an Unlawful Detainer is filed in County Court pursuant to Florida Statute Chapter 82 and the owner of the property is entitled to a summary procedure which is a shortened time-frame for the lawsuit proceeding. Therefore, all defenses of law or fact shall be contained in the defendant’s answer which shall be filed within 5 days after service of process. As for if you can lock out the person? The Answer is NO. We will address this issue and the consequences in an upcoming blog.


The experienced and knowledgeable Unlawful Detainer Attorneys at The Law Office of Ryan S. Shipp, PLLC are here to help you 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.


The Law Office of Ryan S. Shipp, PLLC | 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 | (561) 699-0399.



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