Unlawful Detainer in Florida

Unlawful Detainer is a case filed in court under Chapter 82 of the Florida Statutes.   Unlike a tenant eviction (filed under Chapter 83 Florida Statutes), with unlawful detainer cases there is no landlord and tenant relationship between the landlord and occupant.  In an unlawful detainer case, the person or persons asked to leave the property has or have no legal right to remain in the property (meaning no lease or title giving right to remain in the property).

Removing Guests, Friends, or Significant Others

Florida statutes define an unlawful detainer as possession of real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of the landlord or after the landlord's consent is withdrawn. see Florida Statute 82.01(4)

If you are the landlord, and invited a guest, friend, family member, significant other, or other person to reside in the property without agreement to pay rent, then it is necessary to file an unlawful detainer to remove these types of occupants if the occupant refuse to leave the property after being asked to leave by the landlord.

Removing Squatters

Florida statutes define unlawful entry as entry into and possession of real property, even if the possession is temporary or for a portion of the real property, when such entry is not authorized by law or consented to by the landlord. see Florida Statute 82.01(5).

If you are the landlord and have discovered squatters have entered and are living in your property without your consent, then you can file a case for Unlawful Entry Unlawful Detainer in court to have the unlawful occupants removed.

Florida eviction attorney Christophe Fiori represents landlords in residential and commercial eviction cases in courts throughout central Florida to recover their property from unlawful occupants or squatters.  Call for a free Consultation (813) 333-1660 or click here to schedule a free consultation. 

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