Unlawful Detainer Action

Unlawful detainer is the legal process by which a person entitled to possession can have a court remove an unwanted person who is in possession of a property without permission or who continues to remain on the premises without consent. This is different from an eviction, which involves a Landlord asking a court to remove a tenant who has violated a lease or failed to pay rent. An unlawful detainer is also different from an ejectment action where someone has a claim of ownership to the property, like an option to purchase contract.

Unlawful detainer involves removing someone who has no right to be on the property. This can be a friend, squatter, or other person who is no longer wanted on the property by the owner or the current person entitled to possession. This process is governed by state law, and in Florida, the difference between an unlawful detainer and eviction can be confusing. If you are a person entitled to possession and need to remove someone from the property, whether a squatter or someone who has overstayed their welcome, it is important to have a basic understanding of the law to protect your rights.

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Legal Actions

If the person entitled to possession files a lawsuit, the court will require the defendant to answer the complaint once they are properly served. At this point, the defendant can contest the unlawful detainer action by arguing that they have a legal right to remain in the property or may try to dismiss the case by arguing that it is not properly filed. If the court finds in favor of the Plaintiff, the Defendant will be ordered to vacate the property.

Florida Statute on Unlawful Detainers

Florida law defines unlawful detention and unlawful entry as follows below:

“’Unlawful detention’ means possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person.

‘Unlawful entry’ means the entry into and possessing of real property, even if the possession is temporary or for a portion of the real property, when such entry is not authorized by law or consented to by a person entitled to possession of the real property.”

The Plaintiff is also entitled to damages as provided by section 82.03, Florida Statutes as provided below:

“If the court finds that the entry or detention by the defendant is willful and knowingly wrongful, the court must award the plaintiff damages equal to double the reasonable rental value of the real property from the beginning of the forcible entry, unlawful entry, or unlawful detention until possession is delivered to the plaintiff. The plaintiff may also recover other damages, including, but not limited to, damages for waste.”

Regalis Law P.A. has experience with unlawful detainers and can help with your unlawful detainer action in Florida.

Florida Statute on Unlawful Detainers

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