An Unlawful Detainer in Florida is a lawsuit that is filed by the owner of a property requesting an unauthorized occupant of your property to be ordered by the court to leave your 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 process of an Eviction proceeding in the court system, 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. If there is an agreement to pay rent, verbal or in writing, an Eviction lawsuit should be considered.
An Unlawful Detainer is filed in county court in the county wherein 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 instructs all defenses of law or fact shall be contained in the defendant’s answer to be filed with the court within 5 days after service of the lawsuit. The 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 or set-up an appointment to visit our Lantana, Florida office location.
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Differences between Unlawful Detainers, Evictions, and Ejectments in Florida
