A Homeowner files an Unlawful Detainer to remove a person from their property. Unlike an Eviction, there is no lease and rent is not paid. Another reason they file is to remove a family member or ex-fiance. This takes 5 weeks. However, it can take longer if the process is not complied with.
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. Without this requirement, it can begin immediately.
2. Responding to Complaint. If they respond, the case will be set for Mediation. This allows the parties an opportunity to settle. If they reach an agreement, the case will be dismissed. This is a way to resolve these types of cases.
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?
Not usually. 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.
[…] homeowner is not required to give notice to the person that they are attempting to remove form the property. In contrast to an Eviction Action, the person that that the Homeowner is attempting to remove does […]
This was extremely informative. Thank you so much for taking the time to provide everyone with this information. God bless.
[…] UNLAWFUL DETAINER-Unlike an Eviction, an Unlawful Detainer is filed by the Homeowner. A Landlord-Tenant relationship does not exist in this action as no rent is given. An Unlawful Detainer is filed to remove a Family Member or Friend. The Homeowner has asked that Family Member or Friend to leave but they refuse. Unlike an Eviction, notice is not required. […]
[…] g. Removing Individuals that are not allowed to live in the property (Unlawful Detainers) […]
I live in lee county & current rent a townhome. Me & my
Boyfriend who is not on the lease recently broke up & I have asked him to leave but he won’t. I was advised that an unlawful detained order was the right thing to do but I’m not sure how to start this process.
Does Governor DeSantis moratorium on evictions apply to Unlawful Detainer? I filed a UD on 22 May in Seminole County Court and defendants have not yet been served as of 4 June. I have inquired with the clerk of court and they did not have an answer. I asked the Sheriff”s office and they told me that the Sheriff is trying to get clarification from the Court whether the moratorium applies to UD. What a mess!
Hello,
The Moratorium only applied to Evictions for non-payment of rent.
What if money was given to her for rent and she lied
[…] If you want your girlfriend or boyfriend removed from your home, you should file an Unlawful Detainer. […]
Im a tenant and a unwelcome guest wont leave what is the cost for you to begin a unlawful detainer?no rent has been taken ever.she refuse2 go.
If I do an Unlawful Detainer on my son, would he still be allowed to visit or spend holidays with us, as long as he doesn’t stay there long? Also would an Unlawful Detainer be put on his record as 7-years like an eviction? He already has a felony record, I wouldn’t want him to not be able to find a place to live if the Unlawful Detainer would harm his record for 7-years?
Well this is great information but how does this work now with the covid stuff I for once in my life have enough money to move and cant even find a place or get a darn thing done application fees out the behind scam here scam there scathidm everywhere this is what happens when you land lord falls ill and his kids take over they slap u in a home and sale all of your life to the highest bider and then leave the devastation behind in their wake wlill they go back to there plosh new home on jackle island 300 miles away.
[…] Eviction Proceedings and Unlawful Detainers, […]
how to evict a squatter
My boyfriend has not lived in the residence since the end of June/2020. I have been paying the rent and also have text messages of him telling me that he was give it me the apartment. Now he has filed an unlawful detainer. Do I need to send the text messages and receipts showing that I have been paying the rent and proof of the bills that I have been paying that are in my name
I have a situation where my friends paid rent sporadically but we never had an agreement or lease. They have paid $200 since September although they have income, COVID has not impacted us. I told them to leave for other reasons but also told them I will seek Unlawful Detainer if they fail to leave. Reading this I am wondering if I might have an issue should nit need to go to court?
I was served with this from my mother, I am on disability & recovery from breaking my ankle. She said my boyfriend wasn’t cleaning to her OCD liking. So we’re both on it. She changed the locks. Went into our apartment & stole our safe witch was returned by the police. His clothes, computer, my iPad, irreplaceable family pictures & stuff. It’s just crazy. She cut the water & electricity off. The police have been here so many times it’s crazy. I have a dog & cat plus she took the door off it’s hinges. She has a camera in the hall that goes to the add on. She kicked us off the WiFi or else my camera would have seen her take everything. She also turned my phone off. We had paid her rent on January 3rd in cash like she asked in my text messages. She has now said I’m dead to her. My grandma, grandpa & great aunt left a trust for my mom and I. I need to get a trust lawyer. I also am now going to sue because I broke my ankle on her property. I mean she has made my life hell for the last 2 weeks. We could have talked civil & started looking for a place to live. Witch we did as soon as all of this started. I’m basically home bound because I don’t want anything else gone. Plus I can’t walk or bear weight on my right leg yet. I have talked to Fl rural legal services & have left messages with legal aid. I don’t want an eviction on our record when we paid rent. Plus all this other stuff is just crazy. I told her I would go if she gave me & from the trust. Was told no. So I’m really trying to respond to this as I’m hopefully getting a place this weekend. It’s going to be difficult to move but she left me no choice. Any advice would be appreciated
I want my daughter and her daughter out of my house by June 1st. Do I start the Unlawful Detainer now, so that she must be out on the June 1st date ?
Thanks,
Kent
I would like to speak with Brian in reference to filing the Unlawful Detainer
My ex- boyfriend is refusing to leave. He’s currently staying here in the home with me and my grandmother. ( my grandmother’s house and she has a mild case of Dementia) For a couple of months I’ve been telling him that I want him to leave and he tells me he’s not going anywhere. He doesn’t pay any rent or utilities. He’s currently been making physical threats towards me. Example : I’ll break your f@%$ing jaw. Should I file for an “Unlawful Detainer, Restraining Order” or both?
[…] defendant has taken ownership of it. The complaint should be accompanied by a chain of title. An unlawful detainer action in Florida is another option for evicting a resident who has no lease or whose lease has expired or is about […]
Is it possible to file an Unlawful Detainer if my spouse and I do not agree on the removal? She wants the person to go and I want them to stay. I’ve seen plenty of responses to this type of question delve into the need for counseling, and I’m perfectly aware of the need for that, but right now I just want to know if she even has the standing to do what she wants to do right now.
I left this man move in my he had no were to go and was sick helped him get on his feet he gave up is job lost his business license and has taken a long vacation he has been in my house for over 4 yrs and maybe worked 8. Months he drinks all the time i have know say in my home he plays music day and i can’t even sleep at night i need him out
I have filed the complaint to the clerk of court. The defendant has responded stating her fiancé (my step-dad which has been deceased since Jan 1,2021) gave her permission to live in the house that I inherited and am Personal Representative over the estate. Will she have any grounds to stand on with just hear say? My step- dad and I have been trying to sell the property since 2018 when my mom passed away. She has never paid rent nor did she ever have a lease. Thanks
Hi
Boyfriend and I moved inti this home 6 years ago to the day. Landlord also tells me he’s going to leave me this home when he passes in return I care for him. We live in apt add on to a mobile home. Now he had a Hoarder that lived in the apt add on that was evicted 3 years after we moved in. The place was infested with rats ,roaches & termites. We even caught scabies from the what Hoader left behind. It took us two construction sized dumpsters and nine months to clean. Forty six rats were killed and roaches have been eliminated, I’m still traumatized ! Landlord says our rent is paid till end of the year for all the work we put into the place. So the land lord gets sick and goes to hospital and when released he tells us hes leaving the place to his nephew. Now I’m being served by his nephew and mother with a Unlawful Detainer Summons. Now I have never in the 6 years I’ve lived here , ever met his nephew and mother, Claims that landlord gave them power of Attorney. Now what are my rights ? And can I put a Lein on home for remainder of rent that is paid up ? And what can I do about him promising the place to me ?
I want my boyfriend to leave but he won’t. And he does pay rent. Our relationship is toxic and bad things are going to happen if he doesn’t leave but the cops can’t make him go and if he’s paying rent it’s looking like getting him out this way won’t work either. It’s crazy to me how these people can take over or refuse to leave a place they have no legal right too
In an unlawful detainer, what happens to the defendants personal possessions? A writ of possession was given to the plaintiff in Seminole County.
Can you appeal a wrongful detainer judgment against evicted from your residenc interest in the property specially for the last six years that you’ve been paying your dead brother’s mortgage with the mortgage companies keep on selling the mortgage out from under you now there’s not one to except any mortgage payments they just want to kick you out
The said person I had served with the UD has failed to answer the summons which was yesterday. Which to my understanding means the judgment will go in my favor. Do I have to file anything else or will they just serve the order to vacate?