What is the Difference between an Eviction, Unlawful Detainer, and an Ejectment in the State of Florida?
- Eviction: An Eviction Action can only be filed if there is a Landlord-Tenant relationship. There are two types of Evictions that are filed by a Landlord.
A. Tenant’s Failure to Pay Rent: The lease that is signed by the Landlord and the Tenant usually provides for the amount of rent that the Tenant is required to pay to the Landlord. If the Tenant fails to pay rent when it is due, the Landlord can give the Tenant a three (3) day notice to either pay rent or vacate the property. If the Tenant fails to pay rent and three (3) day notice expires, the Landlord can file an Eviction in County Court.
B. Tenant violates a Non-Monetary Provision of the lease. A Landlord can remove a Tenant if the Tenant violates a provision of the lease that is not related to by n rent. If that violation can be cured or rectified, the Tenant must be given a Seven (7) Day Notice to Cure. This notice gives the Tenant Seven (7) Days to cure or remove the violation. If the Tenant complies, the Landlord will not proceed with a Removal Action. If the Tenant fails to cure or remove the violation, the Landlord will then give the Tenant a Seven (7) Day Notice of Termination. If the Tenant fails to vacate after the Seven (7) Day Expires, the Landlord can commence Removal Proceedings
2. Unlawful Detainer-Unlike an Eviction in the State of Florida, an Unlawful Detainer is filed by the Homeowner. A Landlord-Tenant relationship does not exist in this action or is any rent exchanged between the parties involved. An Unlawful Detainer is generally filed when a Homeowner has allowed a Family Member or Friend to stay in their home but no longer wants them to stay. The Homeowner has asked that Family Member or Friend to leave but they refuse. Unlike an Eviction, the Homeowner does not have to give Notice to the person that they want to remove from the Property. Like Evictions, an Unlawful Detainer is filed in County Court
3. Ejectment- Unlike an Eviction or an Unlawful Detainer, an Ejectment Action is filed in Circuit Court. The individual that is being sued in an Ejectment Action has twenty (20) days to respond. The person that is bringing the lawsuit is suing another individual to obtain full possession of the property and prove that they have valid title. The person that is being sued believes that they have an interest in the property as well and are not require to leave.