What Is A Unlawful Detainer?
An Unlawful Detainer is a lawsuit that is filed by a Florida property owner that requests that the court issue an order to have an unauthorized occupant removed from the property. Circumstances that traditionally call for an Unlawful Detainer action are break-up’s between couples, family members overstaying their welcome, and squatters.
Although similar to the eviction process, with an Unlawful Detainer action there is no landlord/tenant relationship between the parties, e.g. there is no agreement to pay rent, either verbal or in writing in exchange for the use of the property and no presuit notice is required before initiating the lawsuit. If there is an agreement to pay rent or an agreed upon time frame that an occupant can stay at the property, either verbal or in writing, an Eviction lawsuit should be considered.
An Unlawful Detainer is filed in county court in the county where the property is located. Pursuant to Florida Statutes, Chapter 82, the owner of the property is entitled to a summary procedure. This is an expedited court proceeding that requires all defenses of law or fact to be contained in the defendant’s answer and filed with the court within 5 days after service of the lawsuit. Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Florida Unlawful Detainer and eviction needs. Call your West Palm Beach Unlawful Detainer Attorneys today @ 561.699.0399 to set-up an appointment to visit our Lantana, Florida office location.
Links To Unlawful Detainer Blogs
How Do I Legally Remove Someone From My House?
What Is The Difference Between Unlawful Detainers And Evictions In Florida?
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