Many people in Florida make the mistake of filing an Eviction when they should have filed an Unlawful Detainer. On the other hand, some file an Unlawful Detainer when the proper action is an Ejectment. The mistake however can result in negative consequences. Therefore, if you have questions about the difference between an Eviction, Unlawful Detainer, and Ejectment, contact the Law Office of Brian P. Kowal., PA at (954) 990-7552.
How do you differentiate between an Eviction, Unlawful Detainer, and Ejectment?
There are three types of Removal Actions:
EVICTION(Most Common)
Landlord files it to remove a Tenant. There are two types: Unpaid Rent and Non-Monetary.
A. Unpaid Rent. The Tenant receives a 3 day notice. They can pay or vacate. If they do not pay, an Eviction will be filed. If they do not respond, a Final Judgment is entered. As a result, a Writ of Possession will be issued and they are removed by the Sherriff.
B. Non-Monetary. A Landlord must serve the Tenant a 7 Day Notice to Cure. As a result, they have 7 days to remove the violation. If they comply, an Eviction will not be filed. If they do not, an Eviction can be filed. For example, if a Tenant causes destruction to the property, they can be evicted.
An Eviction takes 4 to 6 weeks. If the Tenant does not respond, it can take less time.
UNLAWFUL DETAINER
There is no Landlord/Tenant Relationship. The Occupant does not pay rent or have a lease. This is the quickest method to remove a Family Member or friend that does not pay rent. This can take four to five weeks. On the other hand, if the Occupant claims that they have an equitable interest in the property, an Ejectment is the proper action.
EJECTMENT
This is an action by the Title Holder. The goal is to remove a person from the Home that claims an interest in the property. Unlike an Eviction or an Unlawful Detainer, they have 20 days to respond. The Title Holder is suing to obtain full possession of the property. As a result, the Court will rule in favor of the party that can show that they are the only owner. This usually takes longer than 3 months.
To learn about the difference between an Eviction, Unlawful Detainer, and Ejectment, contact our office at (954) 990-7552.
[…] To file an action for an unlawful detainer, a homeowner is not required to give notice to the person that they are attempting to remove from the property. In contrast to an Eviction Action, the person that that the Homeowner is attempting to remove does not pay rent or have a lease and is now remaining in the property without the consent of the Homeowner. […]
[…] Florida, a Homeowner files an Unlawful Detainer to remove a person from their property. Unlike an Eviction, the person that does not have a lease with the Homeowner. Further, the person do… A Homeowner usually files an Unlawful Detainer to remove a family member. The Process takes about 5 […]
[…] proper action that a Homeowner needs to file is called an Unlawful Detainer. It is very important that a Homeowner does not confuse an Eviction with an Unlawful Detainer. To file an Eviction, there has to be a lease between the Landlord and the Tenant that requires […]
[…] the Eviction Process. This is inaccurate. The proper action that needs to be filed is called an Unlawful Detainer. It is very important that a Homeowner does not confuse an Eviction with an Unlawful Detainer. To […]
[…] When filing it, it is essential that it is not confused with an Ejectment or an Eviction. This can add unnecessary delays. To remove your girlfriend or boyfriend under Chapter 82, the action must meet certain elements. […]