An Unlawful Detainer Orlando Florida is a unique and technical area of landlord-tenant law. Technically speaking, unlawful detainer is not an eviction, it is a separate civil action heard in county court. There are three basic minimum requirements we must verify during our initial consultation with you. If all three are confirmed by you, we may be able to start the process of recovering possession of your residence for you. Jonathan Jacobs is an unlawful detainer attorney Orlando Florida that helps clients with their unlawful detainer Orange County Florida lawsuits. Call 407-335-8113 today for help anywhere in Central Florida (Orlando, Winter Garden, Winter Park, Apopka, Ocoee, Windermere, and more).
Unlawful Detainer Attorney Orlando Florida | Unlawful Detainer Orange County Florida
Unlawful detainer actions are narrowly-focused because they apply only to specific factual situations. The facts must be in the favor of the plaintiff seeking to evict the person/defendant staying in or essentially squatting in their home once consent has been revoked.
The threshold criteria for a plaintiff seeking to remove/oust a person from their home are:
1. The plaintiff in an unlawful detainer Orlando Florida action must have a legal right to live in the home. For instance, the plaintiff may be either the true owner with good title/deed, or the lawful tenant by contract/lease agreement. A lease agreement will specify the terms and nature of the tenancy and sub-tenancy (if any).
2. It follows logically that the person the owner or tenant seeks to have thrown out of the residence, must not have a legal right to live in the house. For example, the person the plaintiff intends to remove must not be a co-tenant or a co-owner of the home. If they are a co-tenant or a co-owner, an eviction action or perhaps an ejectment action (if title needs to be quieted, etc.) is the proper remedy.
3. If there is evidence of a landlord-tenant agreement, either verbally or by way of a written agreement/contract between the litigants, an unlawful detainer Orlando Florida case will likely fail unless uncontested and a default judgment is granted, albeit potentially erroneously and subject to appeal or vacation of a writ for possession. There is a narrow window of approximately thirty days to appeal an unlawful detainer verdict. Moreover, it is important to note than an unlawful detainer judgment goes on a person’s record and may appear to be a form of an eviction to their potential future landlords.
Unlawful Detainer Orlando Florida
As your unlawful detainer attorney Orlando Florida, we are happy to speak with you about Florida’s Unlawful Detainer Statute. An unlawful detainer pleading may include the a copy of the documentation proving your property rights. Although notice to the defendant to leave is not statutorily required, it is necessary for the lawsuit itself because of their right to due process (notice and a hearing). A plaintiff cannot unilaterally throw someone out just because the mood strikes them, unless the other person leaves voluntarily.
Jacobs Law Firm works with many landlord tenant clients that are facing challenging situations with unwanted guests refusing to leave their homes. Removing guests unlawfully occupying your property is the central purpose of an unlawful detainer action in Orlando. Call us today to speak with an unlawful detainer Attorney Orlando Florida today to ask about your rights, dial 407-335-8113.
Jonathan Jacobs, Esq. is unlawful detainer attorney Orlando Florida that offers consultations with clients where he will explain to you the process and the cost of pursuing an unlawful detainer Orange County Florida to help you resolve unique legal issues. Call the Jacobs Law Firm today for a consultation your unlawful detainer or contract dispute case, (407) 335-8113, or e-mail us to schedule appointment: Paralegal2@jjlawfl.com.