Understanding the Differences Between Eviction, Ejectment, and Unlawful Detainer

In Florida, there are various statutes that are used to handle the removal of tenants from a property. Depending on the circumstances, one of three different eviction-related statutes will be used to remove these people from a property. Knowing the difference between the types of eviction is important to be able to lawfully remove someone from your property.

The three main statutes that are used to remove renters, tenants, or guests from your home or property in Florida are Eviction, Ejectment, and Unlawful Detainer.

What is Eviction?

The Eviction statute is used by landlords to remove tenants from a property. There are various different reasons that a landlord can legally remove a tenant from a property. Some of the reasons a landlord may remove a tenant from a property include:

· There has been written notice of the need to vacate the property (7) days prior that the tenant has not complied with.

· The tenant has not paid rent or lease fees as provided by the contract with the landlord for the use of or residence on the property.  The tenant will have been served seven days' notice of the unpaid amount as well as the ability of the landlord to evict if the rent is not paid.

· The tenant has requested repairs to the property but the landlord cannot gain access to complete them.

· Damage to the property has occurred that has not been rectified or paid for by the tenant per the terms of the rental agreement.

· The property has been sold or is going to be sold, and the tenant has been properly notified to vacate for this reason without having complied with the order to move off the property.

So long as the tenant has been properly notified of the impending eviction by the landlord, the tenant can be evicted. The landlord can proceed with an eviction claim when the complaint states the facts of the reason for the removal of the tenant and asks for authorization to do so legally.

What is Ejectment Action?

Ejectment in the state of Florida is used when a person has some rights to a property but must be compelled to remove themselves from it. This often happens when there is a superior right to the possession of the property that must be asserted over the current tenant. This is common in instances where there is someone living in a home that they do not own and where they are required to pay rent in order to stay in residence.

When there is a breach of the rental contract related to non-payment of the rent or some other action that is clearly listed as a means for breach of contract, an ejectment action can be utilized to remove this person from the property. In cases like this, the primary renter or the homeowner will have the superior right to the property even though the renter has limited rights to their access to and residence on the property.

When the Ejectment Action is utilized, the tenant will have as little as 45 days to remove themselves from the property. Ejectment cases are heard in circuit court, and they do not use a summary procedure. Notice in writing will have to have been provided to the tenant that is being ejected, or the process of ejectment cannot be utilized. In cases where a tenant was subletting a room to another tenant, the landlord will have to be involved for the ejectment action to be taken.

Ejectment is a legal action used in Florida to remove a person who is living in a property without having any legal right to do so. This action is typically used when a person, who is not a tenant or does not have any legal interest in the property, refuses to leave after being asked to do so by the property owner.

According to Florida law, a person with a superior right to possession of real property may maintain an action of ejectment to recover possession of the property. The circuit courts in Florida have exclusive jurisdiction in an action of ejectment.

The process of ejectment begins with the property owner serving the person with notice to vacate the property. The notice must be in writing and specify the reasons for the eviction, such as the person having no legal right to be living on the property. The notice must also inform the person that they have a certain amount of time to vacate the property, typically 3 to 7 days, before the owner can file a lawsuit.

If the person does not vacate the property by the deadline specified in the notice, the owner can file a complaint for ejectment in the appropriate county court. The person will then be served with a copy of the complaint and a summons, which informs them of the date and time of the court hearing.

At the court hearing, both the owner and the person will have the opportunity to present evidence and argue their case. If the judge finds in favor of theowner, they will issue a writ of possession, which authorizes the sheriff to physically remove the person from the property.

It is important to note that in Florida, property owners are required to follow specific procedures and guidelines when evicting a person through ejectment. Any violation of these procedures may result in the eviction being deemed invalid. Additionally, Florida law prohibits property owners from retaliating against persons for complaining about poor living conditions or exercising their legal rights.

In conclusion, Ejectment is a legal action used in Florida to remove a person who is living in a property without having any legal right to do so. Property owners must follow specific procedures and guidelines when pursuing ejectment and cannot retaliate against persons for exercising their legal rights.

What is Unlawful Detainer?

Unlawful Detainer, is used when family members or other persons that are staying on a property without paying rent or dues are asked to leave and will not vacate the premises. This agreement does not include a lease or rental contract and there is no landlord or tenant relationship between the parties involved. A common case of this scenario is couples living together where only one member of the couple has a rental contract or agreement for the property.

These cases are filed in a county court, and the process to remove them is done in much the same way as an eviction order. There is no landlord/tenant relationship between the parties in this case, so it can be more complicated to assert the removal order than in cases where there is a written contract in place. If there was a written contract put in place, the relationship between the parties will not be considered pursuant to unlawful detainer and will instead be handled as an eviction order. The party that is being removed must also have no right to live on the property and must not be the property owner.

Unlawful detainer is a legal action used to evict a tenant from a rented property in Florida. The action is typically brought by a landlord when a tenant fails to pay rent, violates a lease agreement, or remains on the property after the lease has ended.

In Florida, the process of unlawful detainer begins with the landlord serving the tenant with a notice to vacate. This notice must be in writing and specify the reasons for the eviction, such as non-payment of rent or lease violation. The notice must also inform the tenant that they have a certain amount of time to vacate the property, typically 3 to 7 days, before the landlord can file a lawsuit.

If the tenant does not vacate the property by the deadline specified in the notice, the landlord can file a complaint for unlawful detainer in the appropriate county court. The tenant will then be served with a copy of the complaint and a summons, which informs them of the date and time of the court hearing.

At the court hearing, both the landlord and tenant will have the opportunity to present evidence and argue their case. If the judge finds in favor of the landlord, they will issue a writ of possession, which authorizes the sheriff to physically remove the tenant from the property.

It is important to note that in Florida, landlords are required to follow specific procedures and guidelines when evicting a tenant. Any violation of these procedures may result in the eviction being deemed invalid. Additionally, Florida law prohibits landlords from retaliating against tenants for complaining about poor living conditions or exercising their legal rights.

In conclusion, unlawful detainer is a legal action used to evict a tenant from a rented property in Florida. Landlords must follow specific procedures and guidelines when pursuing eviction and cannot retaliate against tenants for exercising their legal rights.

Knowing the Difference Between Eviction, Ejectment, and Unlawful Detainer Is Important

Knowing the difference between these three statutes is important whether you are the owner of a property that you are renting or if you are a renter and are subletting a room to a friend or family member. In cases where you do not have any kind of legal contract with the party whom you wish to remove from the property, it is important to be familiar with the language of the unlawful detainer statute. Each of these statutes takes care of the process of removing someone from your property, but you must utilize the correct statute in order to succeed in this goal.

Securing the help of an attorney who I experienced in evictions, ejectments, and unlawful detainers can make the process of handling an eviction much less stressful. Florida law provides for the various unique situations which could lead to a breach or termination of a rental agreement quite clearly. Using the right statute to remove a renter from your home is important in order to ensure your success in this endeavor.