Thereare three potential causes of action under Florida law if a landlord orproperty owner wishes to evict a tenant from the relevant real property. Acounsel who specializes in real estate cases, such as an unlawful detainerlawyer, should be able to determine whether the circumstances of the situationjustify the prosecution of an eviction, ejectment, or unlawful detainer inFlorida.
Althoughmany people have heard of ejectments, evictions, and unlawful detainers are farless common. It's essential to understand the differences in all three legalarguments so that the correct one is filed (or challenged) in your case.
Incases of evictions, ejectments, and unlawful detainer, Kowal Law serveslandowners, property owners, developers, residents, and inhabitants throughoutFlorida. We will help you file ejectment actions or protect you from anejectment, eviction, or unlawful detainer case. Unlawfuldetainer actions in Florida are necessary for situations when the officialarrangement between the landowner and the tenant is that of the property ownerand squatter without a legal right to ownership. Ejectment is a legal processused to evict someone from real estate as they assert possession or a titleinterest in the land.
When civil ties break down, evictions arefiled. Suppose the civil contract between the property owner and the homeowneris that of landlord and tenant. In that case, i.e., there is a financial orutility transaction in exchange for residing at the specific property,evictions are filed. Visit or call us to learn more about the subtledistinctions between evictions, ejectments, or unlawful detainers in Florida.
Distinguishing Between Evictions, Ejectments,and Unlawful Detainers in Florida
1. Eviction
Evictionis used when a landlord-tenant arrangement is typically formed by a tenancyagreement and the regular payment of rent. If the tenant is accused ofviolating the signed agreement, the landlord can file an eviction suit underChapter 83 of the Florida Statutes to get the tenant expelled from the house.Hundreds of industrial and residential evictions have been resolved by theeviction attorneys at Kowal Law.
2. Ejectment
Ejectmentsare the most complex of removal processes. They can be used where a resident ortenant of real property declines to leave because they claim to have some kindof right, title, or ownership interest in the property. In Florida, anejectment suit can only be brought by the landowner. Before applying forejectment, our ejectment attorneys will ensure you have the correct title andownership of the land.
3. Unlawful Detainer
This lawsuit is equivalent to an eviction, but itusually happens where there is no formal landlord-tenant arrangement orlandlord-tenant agreement. To get the person removed from the property in thiscase, the property owner will need to file an unlawful detainer suit. Guestswho overstay their welcome, family, or associates who detain in charge of thereal property without the owner's permission and a legal leasehold interest inthe property are also examples of unlawful detainers.
