Unlawful Detainer · Pinellas County, Florida
Florida Unlawful Detainer Lawyer
What can you do if your boyfriend or girlfriend will not move out? What if your adult child or another family member has outstayed their welcome? If it is time to take legal action to remove an unwanted houseguest, you may need to file an unlawful detainer action. We help you do it the legal way, without more drastic measures.
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The Basics
What Is an Unlawful Detainer?
An unlawful detainer action is a way of asking the court to remove your unwanted houseguest, whether it is an ex or a family member who was supposed to stay with you for a short time but now refuses to leave.
In Florida, unlawful detainer actions are governed by Chapter 82 of the Florida Statutes. An unlawful detainer action may be appropriate when an individual occupies a property without the legal right to do so and without any lease or rental agreement. For a claim to be valid, the occupant must have initially entered the property lawfully, such as by invitation or permission, but subsequently refused to leave after the permission was revoked. The property owner must demonstrate a superior right to possession, often by providing evidence of ownership such as a deed or title, and the occupant must have no legal right to occupy the property.
Choosing the Right Action
Is an Unlawful Detainer Action Right for My Situation?
If a person is occupying your property without the right to do so, several different actions may be appropriate. For an unlawful detainer action, the owner must not have accepted any rent or payment from the occupant, as doing so could imply a landlord-tenant relationship. In that instance, an eviction proceeding may be needed instead.
In an unlawful detainer action, the party sought to be removed must not have any interest in the property. Florida caselaw holds that when a party claims an equitable interest in a property, the proper action is ejectment rather than unlawful detainer. Thompson v. Thompson, 342 So. 3d 818, 820 (Fla. 3d DCA 2022). An equitable interest may stem from the party making mortgage payments or paying costs associated with the property, an agreement that they were to obtain a legal right to the property, or a promise that they may reside there for the entirety of their life. However, there is no clear standard for whether a person has an equitable interest in a property; the determination is case-specific. Estevill v. Estevill, 49 Fla. L. Weekly 2322 (Dist. Ct. App. 2024).
One of our unlawful detainer attorneys at Pinellas Family Lawyer can help you ascertain whether an unlawful detainer action is right for you. Because the determination of equitable interest is so case-specific, actions may be initiated as unlawful detainers and then, based on the occupant’s claim of equitable interest and the court’s interpretation of it, develop into an ejectment case. This matters because unlawful detainer actions take place in county court and are entitled to summary procedure, while ejectment cases take place in circuit court and are not. Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244, 1251 (Fla. 2008).
Summary procedure is a legal concept governed by Chapter 51 of the Florida Statutes, which grants specific causes of action, such as unlawful detainer, the right to be expedited by the courts to provide the owner relief as quickly as possible. A change from unlawful detainer to ejectment therefore means the case must be transferred from county court to circuit court, heard in front of a different judge, and lose the right to summary procedure. The process may take a bit longer, but Pinellas Family Lawyer can help you every step of the way.
How It Works
The Unlawful Detainer Process in Florida
1
File a Complaint
The property owner files a complaint in the county court where the property is located. A written demand to vacate is not required first, because the occupant has no legal right to be there, but the occupant must know they are on the property without the owner’s consent. The complaint must include specific details such as the legal description of the property and the facts supporting the owner’s claim to possession.
2
Court Summons
Once the complaint is filed, the court issues a summons, which must be served on the occupant, giving them the opportunity to respond. The occupant has five days to respond to the complaint once it has been served.
3
Court Hearing
Both parties present their case in court. If the court rules in favor of the property owner, an order will be entered for the occupant to vacate the property.
4
Enforcement
A writ of possession is awarded within the court order to enforce the removal. Law enforcement posts the writ on the property, informing the party they must remove themselves within 24 hours. If they do not, law enforcement will formally escort them and their belongings out.
Do Not Try to Self-Evict Your Unwanted Houseguest
Changing the locks or forcing someone out yourself may lead to bigger problems for you down the road. Do it the legal way. Call now for a free phone consultation about your options.
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Speak With an Unlawful Detainer Attorney Today
Our unlawful detainer attorneys can represent you in your action, filing all necessary paperwork, guiding you through the process, and pursuing a court order requiring your unwanted houseguest to leave. If they come back uninvited again, a restraining order or injunction may be sought for additional protection.