The least common Removal action in Florida is called an Ejectment. This occurs when an Owner of a Property tries to remove an individual claiming to have an ownership interest. Unlike an Eviction or Unlawful Detainer, an Ejectment can take much longer. If you have questions about how the Ejectment Process takes in Florida, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Understanding the Ejectment Process in Florida
A mistake Homeowners make is filing an Unlawful Detainer and not an Ejectment. While similar, understanding the essential difference determines the action that should be filed. A Homeowner should know if the person they are removing claims an ownership interest in the property. If that is the case, you need to file an Ejectment. An Unlawful Detainer is filed to remove someone residing in your property that does not pay rent, does not have a lease, and resides there without your consent. However, they are not claiming to have an ownership interest.
Once an Ejectment is filed, the Homeowner needs to serve the Complaint. The Individual then has twenty days to respond. If their answer claims any other argument other than having an ownership interest, the Homeowner needs to file a Motion to Strike. This will expedite the process. Homeowners should understand that the Florida Ejectment Process takes a longer period of time. Additionally, they are filed in Circuit Court and not County. They are also not entitled to Summary Procedure. This means they are cases that are not given priority.
If the Court determines that the defenses have merit, a Trial will be set. The Homeowner will have to prove that they are the only owner of the property. This should not be that difficult since they are the only party on the Deed evidencing ownership. While the Ejectment process takes time, you will have more success by hiring an Ejectment Lawyer in Florida.
If you need to remove an Individual that alleges that they have ownership in the property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
