Unlawful Detainers

Unlawful Detainers in Florida: Removing Occupants Without a Lease

When someone remains on your property without a valid lease or right to occupancy—such as an ex-spouse who won’t leave or a guest who overstays their welcome—you may need to file an unlawful detainer action. Though often confused with evictions, unlawful detainers in Florida serve a different purpose and follow distinct procedures. Smith Cors Law offers clarity on these proceedings, ensuring you can legally regain possession of your property.

What Is an Unlawful Detainer?

An unlawful detainer is a legal action used to remove individuals who occupy a property without lawful title or lease. Unlike an eviction, an unlawful detainer:

Does Not Involve Landlord-Tenant Law: There’s typically no rental agreement, no obligation to pay rent, and no lease.

Focuses on Rightful Possession: The primary legal question is whether the occupant has any valid legal right to remain on the premises.

When to Use Unlawful Detainer

✅ Unwanted House Guests

Friends or relatives who refuse to leave, especially if they never paid rent or had a formal lease.

✅ Expelled Roommates

If a roommate or sub-tenant no longer has permission to stay and wasn’t a party to the original lease, unlawful detainer might apply.

✅ Squatters

Individuals who enter or remain in a home without any tenancy agreement and refuse to leave voluntarily.

Note: If the occupant ever paid rent or performed services in exchange for occupancy, this might be considered a tenancy, potentially requiring a formal eviction process under Florida’s Landlord-Tenant Act.

Steps in an Unlawful Detainer Action

✅ Demand for Possession

Usually, the first step is asking the occupant to leave. While Florida law doesn’t mandate a specific notice period, putting a request in writing can provide evidence of your demand.

✅Filing a Complaint

If the occupant refuses, the property owner files a unlawful detainer complaint in county court, detailing why the occupant has no right to stay.

✅ Service & Response

A summons and copy of the complaint are served on the occupant. They typically have 5 days (excluding weekends and court holidays) to file a written response.

✅ Hearing & Judgment

If the occupant contests the claim, both parties may appear before a judge. If the court sides with the property owner, a Final Judgment is entered.

✅ Writ of Possession

Similar to an eviction, the court may issue a writ of possession. The sheriff posts a 24-hour notice before physically removing the occupant if they don’t leave voluntarily.

Challenges & Defense Issues

Occupant Claims Tenancy: If the occupant argues they paid rent or had an agreement, the case might shift into landlord-tenant territory, requiring a different process.
Co-Ownership Claims: Sometimes the occupant insists they co-own the property (e.g., an ex-spouse who’s on the deed), making an unlawful detainer action invalid.
Lack of Proof: The owner must prove the occupant’s presence is unauthorized. Good documentation—showing the occupant was never granted a lease or ownership interest—is vital.

Why You Need Legal Guidance

While unlawful detainer actions may seem straightforward, procedural missteps can lead to dismissed cases or delays. Smith Cors Law ensures compliance with:

Proper Pleadings: We draft the complaint and supporting documentation to meet all Florida requirements.
Court Rules & Timelines: Missing a deadline or failing to properly serve the occupant can prolong your ordeal.
Evidentiary Standards: We gather and present evidence to show the occupant lacks any legal right to remain.

Smith Cors Law: Your Partner in Property Rights

Unlawful detainers can be emotionally charged—whether you’re dealing with a relative refusing to leave or a stranger who’s taken up residence. At Smith Cors Law, our attorneys approach each case with professionalism and efficiency, working to secure your property as quickly and painlessly as possible.

If you’re facing a situation where an unauthorized individual remains in your property, contact us for a consultation. We’ll determine whether unlawful detainer is the correct legal remedy and guide you through every step, from filing the complaint to regaining possession.

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Unlawful Detainers