Unlawful Detainer

Removal of Unwanted Florida Guest

Unlawful Detainer
Unlawful Detainer

Do you need assistance with Removal of an Unwanted Florida Guest? Unfortunately, guests sometimes overstay their welcome. When that happens there are legal remedies to remove unwanted occupants from your home. In Florida, when an occupant who is not a tenant is no longer welcome to stay at your home a process similar to eviction is followed.


When someone who was invited to stay at your home, e.g. a girlfriend or boyfriend, sibling, or parent, is no longer welcome to stay and they refuse to leave, you may file an Unlawful Detainer complaint which follows the guidelines of Florida Statutes Chapter 82 with the court to have them removed. Whereas, when attempting to evict a tenant from property you are required to first give the tenant written notice of your intent to remove them.


Similar to a landlord’s rights in an eviction, in an Unlawful Detainer action you may not change the locks, turn off the power or water, or effectively “evict” the person yourself without assistance from the Court. Because the unwanted guest previously had permission to live in your home, they have the right to continue to live there until the court enters a judgment for possession against them. Meaning you cannot simply kick them out.


The procedure once the complaint is filed is similar to that for an eviction and moves quickly. The unwanted guest staying at your home has the opportunity to file an answer with the court. If the unwanted guest fails to file a response, the court will proceed with entering a judgment for possession against them, culminating in a writ of possession being served by the Sheriff’s Office, removing the unwanted guest from your home.


As in any legal matter, having an experienced team of attorneys representing you and acting on your behalf to efficiently progress your case through the court system is invaluable. Our experienced team of Unlawful Detainer Attorneys and support staff at The Law Office of Ryan S. Shipp, PLLC are ready and willing to assist you. We are located at 814 W. Lantana Rd., Suite 1, Lantana, FL 33462. Contact us anytime at (561) 699-0399 or email legal@blog.shipplawoffice.com.


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