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Starting the Eviction Process

Superior Client Service

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.

Lesson Learned?

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 Law Firm

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 legal specialists 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.

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