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A Homeowner files an Unlawful Detainer to remove a person from their property. Unlike an Eviction, this process removes an Individual does not pay rent and does not have a lease. This can also be filed to remove a family member or ex-fiancé. This can take 5 weeks. However, it can take longer if the process is not complied with. Additionally, if a response is filed that alleges that there is a lease or an interest in the property, the five weeks can be extended.
While it may seem simple, it is important to meet with an Attorney to learn about your rights. Any mistake can delay a Homeowner’s ability to remove the Individual from their property. As a result, they will have to refile the case costing them more time and money.
The Unlawful Detainer Process in Florida
1. Filing Complaint. Unlike an Eviction, the Process does not require the Homeowner to give notice. Therefore, it can be filed immediately.
2. Responding to Complaint. If they respond, the case may be set for Mediation. This allows the parties an opportunity to settle. If they reach an agreement, the case will be dismissed. On the other hand, a Court may find that the response as legally insufficient. As a result, if the Homeowner files a Motion to Strike, the response may be stricken. If the response is stricken, a Default will be entered. Courts usually will not give the Individual another chance to respond.
3. Fail to Respond. A default will be entered. This prevents a person from filing an Answer.
4. Final Judgment. A Judgment is issued if the Court rules for the Landlord. Thereafter, the Clerk will sign the Writ. This orders the Individual to vacate within 24 hours.
Does an Individual have any Defenses In An Unlawful Detainer Process in Florida?
Unlike other removal actions, an Individual has very few defenses. Besides the argument that they paid rent, the only other scenario is if they paid the Mortgage. In other words, it constitutes a form of rent. However, they will need to show the Court proof of payment. While these circumstances are rare, they do exist and present a valid defense to an Unlawful Detainer.
Where Can I Get The Best Possible Representation In The Unlawful Detainer Process?
Brian and his team will give you the best advice and represent you in the Unlawful detainer process. With experience in Real Estate Law, we can assure you the results. Our aim is to give you the best possible representation in your Unlawful Detainer process. If you need to remove a family member or friend, contact our office at (954) 990-7552.
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