Landlord/Tenant & Evictions, Time for Court, Unlawful Detainer

Guest Won’t Leave House Florida | 561.699.0399

Unlawful Detainer

GUEST WON’T LEAVE HOUSE FLORIDA

Are you a Palm Beach County Florida homeowner involved in a situation where you have an invited guest that has overstayed their welcome and will not leave your Palm Beach County Florida home?

Or perhaps you own a home in Palm Beach County Florida and have had a recent break-up with a girlfriend or boyfriend and they just refuse to leave.

Has a family member refused to leave?

Unfortunately, many of our clients undergo these issues that are actually very quite common. The most typical inquiries that we receive on this topic are:

1. Can I lock them out; 

2. What are my options?; and

3. How long does it take?

What first needs to be determined is if a Landlord-Tenant relationship has been created. In simple terms, was money or rent exchanged for the ability to stay at the home? If your answer is NO, depending on a few factors that an experienced Unlawful Detainer Attorney will analyze, you must likely will have an action for Unlawful Detainer in order to regain exclusive possession of the home.

Definitions Not Associated With Unlawful Detainers

  • “Landlord” means the owner or lessor of a dwelling unit.
  • “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement.
  • “Premises” means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the use of tenants generally.
  • “Rent” means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.
  • “Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.

Florida Statutes, Chapter 83

An Unlawful Detainer action 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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