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What You Need to Know About Unlawful Detainer Actions

What can a landlord or property owner do if there are people living on their property without a written lease and did not pay rent? In Florida, the property owner can file what is known as an unlawful detainer action to remove those people from their property.

When Does an Unlawful Detainer Action Apply?

An unlawful detainer action applies in situations in which a person needs to be removed from a property who does not have a lease and does not pay rent, the mortgage, or utilities on the premises. It applies when the person being removed has no interest or title in the property and most commonly occurs when a person is allowed to stay at the property by the owner for a certain period of time but then refuses to leave, such as a former partner, family member, or friend.

What is the Unlawful Detainer Process?

The first step in an unlawful detainer action is to file a petition with the court and serve notice to the person refusing to leave the premises. That person has 5 days to file an answer, and if no answer is filed, the court can make a default judgment in favor of the property owner. If an answer is filed the case, each side will have an opportunity to present their case to the Court. If the judge finds in favor of the property owner, the person ordered removed will be given a deadline to leave the premises. If they refuse to leave voluntarily, the court may issue a writ of possession and instruct the sheriff’s office to remove them on the property owner’s behalf. To learn more, talk to our office today.

Call or Contact Us Today

At The Soto Law Office, we take your rights as a property owner seriously and will help you file an unlawful detainer action with the court. If you are interested in learning more about how our office can help, call or contact us today.


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