In Florida an Unlawful Detainer Action is a method for removing unwanted guests often called “squatters” from your property. While most people think of a squatter as someone who moves into a property unbeknownst to the owner, practically speaking the unlawful detainer statute is far more commonly used in situations where a homeowner wants to remove a once invited individual form their property.
Common scenarios include the removal of:
The unlawful detainer statute can also be used to remove a “transient occupant.” A transient occupant is specifically defined by Florida Statue, but a good example is a hotel guest or occasionally an Airbnb ® guest.
It is important to understand that you cannot use the unlawful detainer statute to remove a Tenant, as you must use the Tenant Eviction statute. If an occupant is not a tenant, as defined by Florida Statute, you cannot use the Tenant Eviction statute to remove an occupant.
However, in many circumstances it is in the best interest of a client to file a lawsuit combining both a count for Eviction and a second count for Unlawful Detainer.
At the law office of John A. Wagner, we will evaluate your particular scenario free of charge, to determine the best legal strategy for you.
We’ll schedule your consultation and meet at the office.
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