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What is an Unlawful Detainer Proceeding?

When a landlord has a tenant with a lease that refuses to leave, they can evict that person from the property. But when a person is on the property who is not paying rent, a property owner must use a different method, known as an Unlawful Detainer proceeding. In Altamonte Springs, The Soto Law Office has experienced and knowledgeable Unlawful Detainer lawyers who can provide top-tier legal advocacy in your case. To learn more about your legal options, call or contact our office today.

When is an Unlawful Detainer Used?

Unlawful Detainer is reserved specifically for situations in which the person that a property owner wishes to remove is not paying rent to stay on the premises. Typically, this person is usually a family member, friend, or previous romantic partner of the property owner. In order to move forward with an Unlawful Detainer, this person must not have a written lease, be on the title to the property, or be paying rent to remain on the premises. Because of the close relationship that most property owners have with the object of the Unlawful Detainer, these situations can be very stressful and emotional. Having a knowledgeable attorney handle an Unlawful Detainer case can be in your best interest for both legal and emotional reasons.

How Does an Unlawful Detainer Work?

An Unlawful Detainer petition is filed with the court by the property owner’s attorney. The object of the Unlawful Detainer has 5 days to respond to the petition and defend their reason for staying on the premises. If they do not respond or lose the hearing, a final judgment is rendered by the court for the person to leave the premises by a certain date. If they do not leave of their own volition, a writ of possession is ordered and the local sheriff will remove them from the property. To learn more about how an Unlawful Detainer proceeding works in Florida, talk to our office today.

Talk to The Soto Law Office

Unlawful Detainer proceedings can be difficult in more ways than one for a property owner, but at The Soto Law Office in Altamonte Springs, our experienced lawyers can shoulder this burden for you. If you would like to speak with a highly qualified attorney about your case, call or contact our office today to schedule a case evaluation.


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