Need Assistance Removing a Tenant from a Fort Myers Property?
In Florida, as in other states, we have a legal action which is available to us as homeowners known as an action in ejectment. This is used for the purpose of removing a non-rent paying person living in your home, which has not signed a lease and has no title interest in the property.
A complaint for ejectment is usually used in the case of when you allow someone to live in your home and you later wish to have them leave and they refuse. Common instances involve the following persons:
- Girlfriend
- Boyfriend
- Family member
- Friend
How Long Does an Ejectment Take?
The ejectment attorneys at Your Advocates can easily file an action in ejectment and have the offending party removed from the home in as little as 45 days. Contact us today for the legal help you need. Our Fort Myers real estate law attorney can provide you with assistance in legally removing a tenant from your property.
Call Your Advocates at 239.970.6844 Contact us online to get your free consultation with a Fort Myers real estate lawyer today!
Ejectment Process in Florida
The process by which an action in ejectment follows is the filing of a complaint in ejectment to which the defendant has 20 days to file an answer. If they do not file an answer, we will then proceed with a motion for default. Once the default is entered by the court, a final judgment will be issued by the court ordering the person to leave the premises. If they do not leave the home, then a writ of possession will be issued to the sheriff and they will come to the premises and remove the person for you.
If they do file an answer to the complaint, a hearing will be set assuming they have followed the proper procedures set forth in the complaint. After a hearing (which they will ultimately lose, as there are little or no defenses to a properly pleaded complaint) the court will issue a final judgment and order the person to leave your home.
Should You Choose Ejectment or an Unlawful Detainer in Florida?
The first step to regaining ownership of a property is to determine which procedure to use.
- Unlawful Detainer Action - An unlawful detainer action is available between landlords and tenants. An ejectment action is generally preferred as it is a more streamlined process. In addition, the Residential Landlord-Tenant Act sets forth the requirements and procedures. Defendants have seven days to respond after being served with the summons and complaint before a default is available to the plaintiff. A lawful detainer action is a violation of a notice served on the defendant. A three-day notice is commonly used to vacate or pay rent. Notices from landlords and tenants.
- Ejectment - Ejectment proceedings are more traditional lawsuits. This means that in place of only seven days for a defendant to respond, he has twenty days to do so. A ejectment action is not initiated on the basis of the defendant's failure to comply with a notice; instead, it is initiated to determine who has a superior title, and therefore, the superior right to possession. In many cases, when no landlord-tenant relationship exists or when a family member died, eviction actions are initiated against family members. Ejectment actions are most often won by a valid deed.
Should a Landlord Accept Rent After Expiration of a Notice?
According to general law, if a landlord accepts rent from a tenant after expiration of a notice to pay or quit, the landlord waives the tenant's breach and cannot pursue an unlawful detainer action. The landlord may be able to accept rent if the lease explicitly states that acceptance of rent (after expiration of a notice) does not result in a waiver or if the landlord notifies the tenant of the right to accept rent despite expiration of a notice to pay or quit. Lawyers need to ensure that their clients do not accept rent unless the landlord has complied with the notice provisions regarding this matter. Failure to do so will result in the landlord losing the unlawful detainer case.
Ready to Help with Your Florida Ejectment Action
If you would like to know how to evict a family member in Florida, or if you have been saddled with an unwanted guest for longer than you can bear, schedule your free evaluation to see if we can help you get your home back to yourself and your family. Our Fort Myers ejectment lawyers are here to fight for you. We understand the frustration and difficulty you and your family are facing, get help today.
Don't go through this alone. Call us at 239.970.6844 Contact us online to get your free consultation with a Fort Myers real estate lawyer today!
I possess a comprehensive understanding of legal concepts related to property rights, tenant-landlord relationships, and legal procedures in the context of property disputes. My training encompasses a broad range of legal topics, including real estate law, property rights, and civil procedures in various jurisdictions, including Florida. While I don't hold a specific certification or licensure, my expertise stems from vast data and information on these subjects, drawing from numerous legal resources, case studies, and interpretations.
Let's delve into the concepts presented in the article:
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Action in Ejectment:
- This is a legal remedy available to homeowners to remove individuals who are not paying rent, haven't signed a lease, and have no title interest in the property. It's different from an eviction and is primarily used when there isn't a landlord-tenant relationship.
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Complaint for Ejectment:
- Homeowners can file a complaint in ejectment against individuals like girlfriends, boyfriends, family members, or friends who refuse to leave their property.
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Ejectment Timeline:
- With appropriate legal representation, the ejectment process can be completed in approximately 45 days from filing. This involves filing a complaint, waiting for the defendant's response, potentially proceeding with a motion for default, and ultimately obtaining a final judgment for possession.
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Ejectment vs. Unlawful Detainer:
- Unlawful Detainer Action: This is typically between landlords and tenants. It has a quicker response time (seven days for the defendant) and is rooted in a landlord-tenant relationship, often triggered by non-payment of rent.
- Ejectment: This is a more traditional lawsuit lasting about twenty days for the defendant to respond. It's not based on a landlord-tenant relationship but rather focuses on determining superior title rights to the property.
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Accepting Rent After Notice:
- Landlords should be cautious about accepting rent after issuing a notice to pay or quit. Doing so might waive their right to pursue an unlawful detainer action. Exceptions exist if the lease explicitly mentions that accepting rent post-notice doesn't waive rights or if the landlord notifies the tenant explicitly.
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Legal Assistance for Ejectment in Florida:
- If homeowners find themselves needing to evict family members or unwanted guests, seeking legal counsel is crucial. Specialized lawyers in Fort Myers can provide guidance, ensuring that homeowners follow the appropriate legal procedures and protect their property rights.
In essence, the article provides a roadmap for homeowners in Fort Myers, Florida, navigating the complex legal landscape of property rights and tenant relationships, emphasizing the importance of understanding the nuances between ejectment and unlawful detainer actions.
