Many people want to start the
eviction process, but not everyone understands what situations can make this a
possibility. In some cases, evictions are necessary--though in some unlucky
instances, evictions won’t get rid of your unwanted house guest.
This is why it is important you understand the nuanced considerations
when it comes to eviction law in the state of Florida, as these small
details may make a large difference in your particular situation.
Florida Statute 83 is enacted to deal with Landlord Tenant laws in Florida
and eviction proceedings. However, a property owner 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 Chapter 66.
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 14-30 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
the occupant. However, even through this process is a bit more time consuming
and bit more expensive.
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. Next time, 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.
Contact Our Fort Myers Real Estate Lawyers Today
Our firm, Powell, Jackman, Stevens & Ricciardi, P.A., has over 50 years
of combined experience in dealing with these cases. This means our Fort Myers
real estate lawyers will help tremendously in getting your unwanted guests out as
quickly as possible. If you are facing a contentious situation and need
advice on an eviction or ejectment matter, look no further than our aggressive,
experienced, and skilled legal team--we want to advocate on your behalf
as best as possible.
Schedule an initial consultation with a member of our firm today by
calling (239) 970-6844.