Unlawful Detainer
Removing Unauthorized Occupants in Florida
Ever have a friend or family member stay in your guest room but then refuse to leave when asked? While you may wish you could simply change the locks or remove their belongings, do not do that. Florida law provides a specific legal process to remove these individuals and avoid the unnecessary frustration of being told by law enforcement that the matter is a civil issue.
This process is called an unlawful detainer and is governed by Chapter 82 of the Florida Statutes. An unlawful detainer action is used to remove squatters, guests, or other unauthorized occupants who refuse to leave a property, do not have a lease, and have not paid rent or money to reside there.
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.
How an Unlawful Detainer Works
An unlawful detainer action can be expedited in a manner similar to certain eviction cases. If successful, the court issues a writ of possession, which authorizes the removal of the unauthorized occupant and restores possession of the property to the owner.
