I receive several calls a month from potential client’s seeking to
start an eviction process who are slightly misunderstood as to what situations
would give rise to the right to seek eviction in the State of Florida
This blog is dedicated to helping Landlords and property owners understand
when an eviction is necessary and when an eviction will not get rid of
an unwanted house guest. Florida Statute 83 is enacted to deal with Landlord
Tenant laws in Florida and eviction proceedings. However, a landlord cannot
use Florida Statute 83 to evict an unwanted occupant unless it can be
demonstrated the individual is under an obligation to pay rent or has
agreed to some financial obligations in exchange for use of the tenancy.
If this cannot be established then the only other remedy is to seek an
ejectment or betterment action which is regulated by Florida Statute ???.
WHY DOES IT MATTER?
If you can establish the occupant is under a financial obligation for use
of the premise, you are entitled to utilize eviction proceedings regulated
by Florida Statute 83. These proceeding are often referred to as summary
proceedings. Meaning they are not as time consuming and therefore not
as expensive. Usually an eviction can be accomplished within fourteen
to 30 days depending on whether the tenant has a valid defense and how
quickly you can get a court hearing.
On the other hand, an ejectment action could take significantly longer
and cost significantly more money if there are valid defenses raised by
If you plan on allowing someone to stay at your house for free, consider
the costs associated with getting them out if they will not vacate upon
request. By simply requiring them to pay for a utility bill or a small
monthly fee you could save yourself time and money if you are presented
with these issues.
Please contact Powell, Jackman, Stevens & Ricciardi, PA if you need
advice on an eviction or ejectment matter in the future.