Most Commonly Asked Questions about Ejectment And Unlawful Detainer
What is the definition of an unlawful detainer?
Unlawful detainer occurs when family members, friends or other individuals are permitted to live in a property without payment or rent and then fail to leave. In such a case, there is no rental agreement or lease and also no landlord/tenant relationship.
A good example of this is when a boyfriend and his girlfriend stay together in a house possessed by the girlfriend, and the boyfriend does not cover expenses on rent or other utilities. The boyfriend may refuse to leave the house even after a break-up. In order to force the boyfriend to leave the house, the girlfriend can obtain an unlawful detainer.
How do we define an ejectment?
An unlawful detainer is similar to an ejectment .This is because there is no landlord/tenant relationship or lease. However, in an ejectment case, the individual whom the owner of the property wants to leave claims to have right to the property in some way.
What isthe difference between unlawful detainer ,eviction and ejectment ?
The process of eviction is involved when a landlord wants to a tenant to leave the property forcefully. In an unlawful detainer or ejectment , there is neither a lease nor a landlord or tenant relationship. In an unlawful detainer scenario, the individual being asked to vacate the property has no rights to the property. In an ejectment ,individual being asked to vacate claims to have some rights to the property.
How long is the unlawful detainer process in Florida?
The length process of unlawful detainer depends on several factors. Unlawful detainer and evictions cases are generally quicker than ejectment because they are filed in county court and use a court process referred to as “summary procedure.”Ejectment cases are normally presented and heard in circuit court and do not follow summary procedure.
The unlawful detainer process generally follows the following steps:
1) Pre-suit notice requiring tenants to vacate the property
2) Filing lawsuit in court and issuing of summons by the court Clerk
3) Serving the Occupants with the Unlawful Detainer Lawsuit.
4) The response Period Following Issuance of The Lawsuit
5) Finalizing the Unlawful Detainer
Legal Representation At The Law Office Of Brian Kowal
Are you still having the question: “How long is the unlawful detainer process in Florida?”Or do you need assistance defending against or filing an unlawful detainer? The Kowal Law Firm is here to assist. Our experienced Florida eviction attorneys deal with all issues related to landlord-tenant and reclaiming possession of property from other individuals. Call our office at 954-990-7552 to speak with an attorney today.