Florida Unlawful Detainer Attorney

Ever had a friend, family member, or former partner move into your property and then refuse to leave? Florida law provides a specific legal process to recover possession, rather than resorting to changing the locks or removing someone’s belongings yourself. Dutton & Salta represents property owners throughout Florida in unlawful detainer and other property possession disputes.

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Unlawful Detainer Actions in Florida

Getting an unwanted occupant off your property is rarely as simple as asking them to go. Not every occupant who refuses to leave is a tenant, and the right legal action depends on how the person came to be on the property, whether rent has ever changed hands, and whether they claim an ownership interest. Florida law recognizes several distinct actions for these situations, including unlawful detainer, eviction, and ejectment, and filing the wrong one can stall a case for weeks while the occupant stays in place

Florida law provides an unlawful detainer action for certain situations where a person is possessing property without the consent of the person entitled to possession or continues to possess the property after that consent has been withdrawn.

What Is an Unlawful Detainer?

An unlawful detainer is an action for possession that asks the court to order another person to vacate the property and return possession to the owner. This applies even if the occupancy was intended to be temporary or involves only a portion of the property.

Unlike a residential eviction, an unlawful detainer action generally does not involve a landlord-tenant relationship. If the occupant has been paying rent under a lease, whether written or oral, Florida’s landlord-tenant law likely governs instead, and eviction would be the correct process rather than unlawful detainer.

This same process applies when someone never had permission to be there in the first place, such as a squatter who moves into a vacant property. Florida law treats this kind of forcible or unlawful entry the same way it treats someone who overstayed their welcome, and either situation can be addressed through an unlawful detainer action.

Any person entitled to possession of the property, including an owner who is not currently living there, may bring an unlawful detainer action against someone who entered without authorization or who remained after their permission to be there was withdrawn.

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When Is an Unlawful Detainer Action Necessary?

An unlawful detainer action may be appropriate when someone remains on property without a tenancy, ownership interest, or other legal right to possession. Every case is unique, but there are several common situations in which property owners may need to consider an unlawful detainer action.

Family Member Who Refuses to Leave

It’s common for a parent to let a grown child move back home, or for a sibling to stay with family during a hard stretch. But when that arrangement was never a lease and the owner decides it’s time for the person to go, a refusal to leave becomes a legal problem, not just a family one. As long as the occupant has no ownership interest in the property, an unlawful detainer action is often the way to recover it.

Former Boyfriend, Girlfriend, or Partner

Breakups get complicated fast when one partner is living in a home the other owns. Being an ex does not come with any legal right to stay, and if there is no lease or ownership stake in the property, asking nicely rarely settles it. When a former partner will not go, an unlawful detainer action lets a court force the issue instead.

Friend or Guest Who Overstays

A short visit that turns into weeks, then months, does not automatically make a guest a tenant. Property owners are sometimes tempted to just change the locks once they have had enough, but Florida law requires a court order instead. When a guest will not leave after being asked, unlawful detainer is usually the right tool.

Unauthorized Occupants

Sometimes a property owner discovers someone living on the property who was never invited in the first place, such as a squatter who moved into a vacant home. Depending on how they got in and how long they have been there, either a traditional unlawful detainer action or one of Florida’s newer sheriff-assisted removal procedures may apply.

How the Unlawful Detainer Process Works in Florida

Although the process can vary depending on the facts and whether the occupant contests the action, a Florida unlawful detainer case typically follows these steps.

Step 1: Draft, File, and Serve the Complaint

The plaintiff files a complaint seeking possession of the property and, when appropriate, damages. Under § 82.03, Florida law does not require the owner to send the occupant a notice to vacate before filing suit, unlike many eviction cases. The summons and complaint must then be served on the defendant. If personal service cannot be accomplished after at least two attempts at least six hours apart, § 82.05 allows service to be completed by posting the summons and complaint on the property along with the statute’s required mailing.

Step 2: Default, Hearing, or Trial

Because unlawful detainer actions use Florida’s summary procedure, the defendant must file an answer within five days after service. If the defendant does not respond, the plaintiff may seek a default judgment for possession. If the defendant contests the action, the court holds a hearing and determines the parties’ respective rights to possession and any damages, generally without ruling on the underlying question of title.

Step 3: Writ of Possession

If judgment is entered for the plaintiff, the court awards possession of the property and issues a writ of possession, which § 82.091 requires to be executed without delay. The writ restores possession through the legal process rather than through self-help by the property owner.

Possible outcomes

Every unlawful detainer case is different, and the outcome depends on the circumstances surrounding the occupancy, the relationship between the parties, and whether the occupant contests the owner’s right to possession.

Judgment for Possession

If the property owner establishes the right to possession, whether by default because the occupant fails to respond or after a contested hearing or trial, the court may enter a final judgment requiring the occupant to leave and issue a writ of possession restoring the property to the owner.

Voluntary Surrender or Settlement

Some unlawful detainer cases resolve before a final judgment. The occupant may agree to leave voluntarily, or the parties may reach an agreement on a move-out date or other terms that resolve the dispute without further litigation.

Judgment for the Occupant

If the occupant establishes a legal right to remain in possession, such as a tenancy, an ownership interest, or continuing permission to occupy the property, the court may enter judgment in the occupant’s favor and the unlawful detainer action does not result in removal.

Florida Unlawful Detainer Law and Courts

Governing Florida Statutes

Chapter 82, Florida Statutes, governs forcible entry and unlawful detainer actions. Section 82.01 defines unlawful detention as possessing real property without the consent of a person entitled to possession or continuing to possess the property after that consent has been withdrawn. Section 82.03 authorizes recovery of possession and damages and requires Chapter 82 actions to proceed through the summary procedure established by § 51.011.

Chapter 82 also contains separate remedies for certain occupants. Section 82.035 addresses qualifying transient occupants of residential property. Section 82.036 creates a limited alternative sheriff-assisted procedure for qualifying unauthorized occupants of residential property, and § 82.037 provides a similar limited procedure for certain unauthorized occupants of commercial property.

These procedures have specific eligibility requirements and are not substitutes for an eviction or ordinary unlawful detainer action in every case.

Which Court Handles an Unlawful Detainer Action?

An unlawful detainer action is filed in Florida county court. Section 34.011 gives county courts exclusive jurisdiction over proceedings involving the right to possession and the forcible or unlawful detention of real property, although circuit court may also have jurisdiction when the amount in controversy exceeds county court jurisdiction or another basis for circuit court jurisdiction exists under § 26.012.

Why Choose Dutton & Salta for Your Unlawful Detainer Case

Real property disputes are central to our practice at Dutton & Salta. We represent property owners, families, and investors across Florida in unlawful detainer cases and other disputes over the right to possess real property, and we take the time upfront to understand exactly how an occupancy began, since filing the wrong type of possession action can delay getting the property back.

These cases are often personal, not just legal. The person who won’t leave might be a relative, a former partner, a friend, or someone the owner once welcomed onto the property. We take time to understand what our clients want to achieve, walk them through their options, and pursue the fastest path to recovering possession while staying within Florida law.

Robert Salta, founding partner, is admitted to the Florida Bar (Bar No. 1022665) and has practiced law in Florida since 2020. He is a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.

Corrie Dutton, founding partner, is admitted to the Florida Bar (Bar No. 1032315) and has practiced law since 2019, licensed in Florida since 2021. She is also a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.

Areas We Serve

Dutton & Salta represents clients in real estate, probate, and property disputes throughout all 67 counties in Florida.

Don’t see your county listed? We represent clients across the entire state of Florida. Contact us to discuss your case.

Frequently Asked Questions About UNLAWFUL DETAINER Actions in Florida

What's the difference between unlawful detainer, eviction, and ejectment?

All three are ways to remove someone from your property, but they apply to different situations. Eviction is used when there’s a landlord-tenant relationship, meaning a lease and an obligation to pay rent, and is governed by Chapter 83, Fla. Stat. Unlawful detainer is used when someone is occupying your property with no lease, no rent obligation, and no landlord-tenant relationship, such as a family member, ex-partner, or guest who won’t leave, governed by Chapter 82, Fla. Stat. Ejectment applies when the occupant claims an actual ownership or equitable interest in the property, and it’s governed by Chapter 66, Fla. Stat. Filing the wrong one can get your case dismissed or transferred, so identifying which situation you’re in matters before you file.

What is an unlawful detainer, and which Florida Statute governs it?

It’s a county court lawsuit under Chapter 82, Fla. Stat., to remove someone from your property who has no lease or other right to be there. Unlike an eviction, there’s no landlord-tenant relationship, agreement to pay rent, or rent actually paid.

What are the typical court filing fees for an unlawful detainer action?

Filing fees generally run $100 to $400 depending on the county; in Hillsborough County, it’s $400. Most courts also charge roughly $10 per summons, and using a sheriff or certified process server to serve the complaint typically costs around $60.

Can I file an unlawful detainer action without an attorney?

It depends on how the property is titled. If the property is owned by an LLC or corporation, no, Florida law does not allow a business entity to represent itself in court, even in a landlord-tenant or possession dispute. The entity has to be represented by a licensed attorney, or its filings can be stricken. If you own the property individually, you technically can file on your own. But the process runs on tight, unforgiving deadlines: the occupant has only five working days to respond once served, service itself has to be done correctly, and a mistake in either can delay the case or force you to start over. Because of that, most owners choose to have an attorney handle it even when they’re not legally required to.

How fast do eviction and unlawful detainer cases move?

Both are typically handled under Florida’s summary procedure statute, § 51.011, Fla. Stat., which requires a fast response from the other side and lets the case be advanced on the court’s calendar faster than an ordinary lawsuit.

When is unlawful detainer the right remedy instead of eviction?

When the occupant entered with your permission but isn’t a tenant, meaning there’s no lease, no rent, and no landlord-tenant relationship. If the occupant claims an ownership interest instead, the case has to be handled as an ejectment in circuit court, not as an unlawful detainer.

Can a landlord lock out a tenant or shut off utilities to force a move-out?

No. Self-help measures like changing the locks or cutting off utilities are illegal in Florida, and a landlord who does this can be liable for damages and fees under § 83.67, Fla. Stat. The property owner has to go through the court process, even when the occupant clearly has no right to be there.

Does Florida law require a notice to vacate before filing an Unlawful Detainer?

No. Unlike an eviction, there’s no statutory advance-notice requirement for an unlawful detainer action. That said, it’s often worth sending notice anyway, since it may resolve the situation without the time and cost of a lawsuit.

Sources: Chapter 82, Florida Statutes — Forcible Entry and Unlawful Detainer, § 51.011, Florida Statutes — Summary Procedure, § 34.011, Florida Statutes — Jurisdiction in Landlord and Tenant Cases, § 66.021, Florida Statutes — Ejectment, § 83.43, Florida Statutes — Definitions

Attorney Review: Robert Salta, Florida Bar No. 1022665
Last Reviewed: 08/13/2026

This page is provided for general informational purposes only and does not constitute legal advice. Reading this page or submitting a contact form does not create an attorney-client relationship with Dutton & Salta. Prior results do not guarantee a similar outcome. Please consult a licensed Florida attorney regarding your specific situation.