What is the Difference between an Eviction,

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.