What Is A Unlawful Detainer?

An Unlawful Detainer is a lawsuit that is filed by a Florida property owner that requests a court to issue a final judgment for possession, for the clerk to issue a writ of possession, and for the sheriff to execute on the writ of possession by removing the unauthorized occupant from the property. Circumstances that traditionally call for an unlawful detainer action are break-up’s between couples, family members or friends overstaying their welcome, and squatters.

Although similar to the Florida eviction process on how speedy the unlawful detainer action travels through the Florida court system, with an unlawful detainer action, the property owner is not required to provide formal written notice to the occupant before initiating the removal lawsuit.

To fall within the parameters of an unlawful detainer action, there can be no landlord/tenant relationship, no agreement to pay rent, no payment of rent, and there can be no written agreement in place permitting the occupant to stay for a period of time. If any of the aforementioned items are applicable, an Eviction action may be the correct course of action.

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 as set forth in Florida Statute 51.011.  This is an expedited court proceeding that requires all defenses of law or fact to be contained in the occupant’s answer and filed with the court within 5 days after the occupant is served with 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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Guest Won’t Leave House In Florida
Florida Unlawful Detainer Lawyers
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