EVICTIONS/UNLAWFUL DETAINERS/EJECTMENT
As the owner of residential or commercial property a situation may arise where it is necessary for you to remove a tenant or occupant from that property. Florida law provides property owners with several mechanisms to remove a tenant or occupant from your commercial or residential property. The attorneys at Zortman Law are experienced in representing property owners in the matters.
EVICTIONS
The most common of these legal mechanisms is Eviction. Generally eviction is the appropriate cause of action when a landlord/tenant relationship exists. In Florida a landlord/tenant relationship exists when there is a written agreement stating as such (lease) or when there is the payment of rent. When a tenant breaches a provision of the lease such as failing to timely pay the rental amount due to landlord, a landlord can seek their removal from the property through an eviction. Evictions are governed by Florida Statutes and therefore every step of an eviction must be done correctly in order to ensure success.
UNLAWFUL DETAINER
An action for unlawful detainer is very similar to that of an eviction. The primary difference that would lead to utilizing an unlawful detainer action over the process for eviction is the lack of a lease agreement and lack of the landlord/tenant relationship. Many times the appropriate remedy for a guest or family member that has overstayed their welcome is an unlawful detainer.
EJECTMENT
A third cause of action available to property owners are ejectments. Much like an unlawful detainer, ejectment is used in situations where there is no landlord/tenant relationship and no lease agreement. Generally, Ejectment is the most complex of the three causes of actions, with a common difference from the other two actions being that the occupant has a claim to legal or equitable title or interest in the property.
At Zortman Law we can evaluate your specific situation to determine which cause of action is right for you, and then use our experience to pursue the matter until resolution. Call us today for a free case evaluation!