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Florida Ejectment Lawyers

Florida Ejectment Lawyers

The Florida Ejectment Process 

Ejectment is a legal process used in Florida to remove a person(s) from real property they are unlawfully occupying.  Ejectment actions are governed by the Florida Rules of Civil Procedure and Chapter 66, of the Florida Statutes.  The circuit court has jurisdiction over ejectments, which is different from evictions and unlawful detainer actions, wherein those proceedings are held in county court.

Step 1. Determine If The Occupant Is A Tenant Or Trespasser

  • A tenant is a person who has a legal right to occupy the property, usually through a verbal or written agreement, and a landlord/tenant relationship is established between the parties. In these scenarios, in order to regain possession, the landlord or owner can file an eviction under Chapter 83, of the Florida Statutes.  If properly plead, the landlord or owner can have this case expedited through the court system through a process called summary procedure, which is governed under §51.011, Florida Statutes.

  • Trespassers are occupants that do not have a legal right to occupy the property and are unlawfully occupying it.  In an effort to save time and money, if it can be reasonably determined that the occupant does not claim an ownership interest in the property, in order to gain possession of the property, we recommend filing an unlawful detainer action under Chapter 82, of the Florida Statutes, which also allows for the expedited court process of summary procedure under §51.011, Florida Statutes.    
     
  • If the tenant or trespasser claims an ownership interest during an eviction or unlawful detainer proceeding in county court, the action may need to be transferred to circuit court in order to proceed with an ejectment action in order for the owner to regain possession of the property. Additionally, if it can be determined before suit is filed that the trespasser claims an ownership interest in the property, it may be best to file an ejectment and circumvent the eviction or unlawful detainer process.

   Step 2. Determine If Notice Is Required

  • If the occupant is a tenant, before filing a suit for possession, a landlord must serve proper notice upon the tenant. Typical notices are for non-payment, non-monetary violations, and notices terminating the tenancy. Not filing a proper notice can cause unnecessary delay.

  • If the occupant is a trespasser, although formal notice is not required before initiating an unlawful detainer action or an ejectment, we also encourage sending a pre-suit notice as it demonstrates to the court that the property owner has done all they can to remove the trespasser before a lawsuit has been initiated.

   Step 3. File Suit

  •  File suit in the appropriate court depending on what theory applies to your situation.

    • County Court- Evictions and unlawful detainer actions
    • Circuit Court- Ejectments.

How A Florida Real Estate Lawyer Can Facilitate The Ejectment Process

  • A Florida real estate lawyer can assist property owners in navigating the ejectment process and ensure that all necessary steps are taken in accordance with Chapter 66, of the Florida Statutes.

  • A lawyer can also help owners prepare lawsuits and handle any disputes that may arise during the ejectment process.

  • A lawyer can also negotiate with the property owner or landlord on your behalf to try to reach a resolution without the need for an ejectment action.

In sum, the ejectment process in Florida is governed by Chapter 66 of the Florida Statutes and is used to remove an unlawful trespasser from a property. Florida real estate lawyers, such as Law Office of Ryan S. Shipp, PLLC, can assist property owners in navigating the process and represent either party in court. The type of occupancy, the reason for the ejectment, and the length of occupancy are all factors that can affect the ejectment process and should be considered during the proceedings.

The Law Office of Ryan S. Shipp, PLLC wants to be your Florida Ejectment Lawyers and Florida Unlawful Detainer Attorneys. Call us today @ 561.699.0399 to learn more and see what we can do for you.

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