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-boyfriend (ex-girlfriend). 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?
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.
If you need to remove a family member or friend, contact our office at (954) 990-7552.