Many people think of an eviction when seeking to remove a guest from their home. If you have made this mistake, you may have heard of the legal term and asked what is unlawful detainer? An unlawful detainer Florida attorney can educate landlords about their rights as a property owner. An unlawful detainer is a lawsuit a landlord, executor of a trust, or a personal representative of an estate may file to remove a guest, a squatter, or any person on his/her property that remains on the premises without an agreement for occupancy and without the landlord’s permission. If you are an executor of a trust or a personal representative of an estate, you may need to know more about probate unlawful detainer Orlando. A notice to vacate is not required in this sort of a lawsuit, but it is helpful. Call the Jacobs Law Firm at (407) 310-5636 for more information. We do unlawful detainer lawsuits in Orange County, Seminole County, Osceola County, Lake County and Hernando County court.
Probate Unlawful Detainer Orlando | Eviction v. Unlawful Detainer
An unlawful detainer attorney Florida will be able to distinguish between an eviction action and an unlawful detainer lawsuit. A standard eviction is likely appropriate when a landlord and a tenant have a lease agreement that the tenant has breached. Perhaps the tenant has failed to pay rent, or has overstayed their welcome long after the landlord has requested they leave the residence. With probate unlawful detainer Orlando, the executor or personal representative should speak with a lawyer to determine how best to remove unwanted individuals from the property.
Unlawful detainer is not an eviction per se. It is a civil lawsuit a landlord or executor or personal representative may file when a guest refuses to leave their home. Factually, the guest does not have a lease agreement with the owner, and the owner has revoked the guest’s permission. Perhaps the executor or personal representative has informed the occupant they should leave. This may be done verbally or in writing with a notice to vacate.
Landlords or trusts or estates must be careful about accepting rent from unwanted guests, or any other form of home maintenance payments (electricity, cable, internet, home improvements, etc.) because acceptance of monies could indicate to the court that some kind of an agreement exists. An unlawful detainer attorney Florida knows this type of acceptance could become a defense for a defendant in an unlawful detainer suit.
Personal Representative Unlawful Detainer
Probate Unlawful Detainer Orlando refers to when a person has died and the inheritors or managers of the property have the authority to buy, sell, rent, or otherwise devise the residence according to the rules and rights of the trust or estate. An unlawful detainer attorney Florida will help determine if your scenario is right for an unlawful detainer lawsuit and will guide you through the timeline and the process. Contact the Jacobs Law Firm by phone or by e-mail for the information you need about your unlawful detainer lawsuit.