Unlawful Detainer Process Florida

florida unlawful detainer process

The unlawful detainer process in Florida is among the more technical and rule-driven lawsuits. This may fall under the umbrella of real estate and landlord tenant law, but it is not an eviction. The Florida unlawful detainer process is full of procedures that must be followed to obtain the best result. Florida Statute 82.01(4) defines unlawful detention as “possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person.” More plainly, an unlawful detainer lawsuit is about removing an unwanted guest, relative, romantic partner, or other person occupying your property without your consent or permission. Now that you know what an unlawful detainer is, and can define it by law, let’s talk about how it works. Call Jacobs Law Firm at 407-335-8113 for the information you need to ensure the return of your property.

The unlawful detainer process in Florida is about obtaining a court order to command the police to remove an occupant from your property. The Florida unlawful detainer process begins when you hire Jacobs Law Firm, ensure your documents are completed, and file your case. Once filed, the other party is served with a specialized summons that is allowable under summary procedure.

Once the other party is served, and there are at least two means of service for this type of lawsuit, they have a certain number of days to respond. The Florida unlawful detainer process continues once you know whether the defendant(s) has responded and is contesting your action, or if they may be subject to losing the case because of their inattention. A lawsuit of this kind or nature often depends on whether a hearing or trial is necessary, or if your case may be won by involving the clerk and the court pending the response or lack thereof from the unwanted occupant(s).

The Unlawful detainer process in Florida is about correcting a situation where law enforcement may not be able to become involved without being commanded by the court. Florida is generally not a self-help state and breaching the peace may come with consequences. Therefore, when you are considering filing an action for the removal of the person occupying your residence, you should call Jacobs Law Firm, speak with Attorney Jonathan Jacobs and find out the intricate a lawsuit like this can be. Dial 407-335-8113 and find out how to recover your property from unlawful occupancy.

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