Unlawful Detainer: Resolving Property Occupancy Disputes in Florida

In the realm of property disputes in Florida, an Unlawful Detainer lawsuit serves as a legal recourse for property owners seeking the removal of an unauthorized occupant.  This legal action is commonly initiated in scenarios involving break-ups between couples, overstaying family members, and instances of squatting.

Distinguishing itself from the eviction process, an Unlawful Detainer action does not involve a typical landlord/tenant relationship.  In other words, there is no formal agreement—verbal or written—for rent payment in exchange for property use.  Unlike evictions, there is no prerequisite for a presuit notice before commencing the Unlawful Detainer lawsuit.

If there exists an agreement regarding rent payment or an established timeframe for an occupant’s stay, whether verbal or in writing, it is more appropriate to pursue an eviction lawsuit.

To initiate an Unlawful Detainer, the property owner files the lawsuit in the county court where the property is located.  According to Florida Statutes, Chapter 82, property owners are entitled to a summary procedure, ensuring an expedited court process.  All defenses, whether based on law or fact, must be included in the defendant’s answer, which must be filed with the court within 5 days after receiving the lawsuit.

Law Office of Ryan S. Shipp, PLLC stands ready to assist with all Unlawful Detainer and eviction needs in Florida.  If you are facing such a situation, contact your West Palm Beach Unlawful Detainer Attorneys today at 561.699.0399 to schedule an appointment at our Lantana, Florida office location.