Florida Ejectment Action Attorney
In some cases, a property owner has no choice but to file an ejectment actions. Many people confuse evictions with ejectments, and it’s easy to understand why. Both legal processes ask the court to order an individual to vacate property, and both types of lawsuits are based on the defendant (the occupier) having some sort of interest in the property.
However, there are important differences between evictions and ejectment actions. The distinguishing factors between these two procedures is the presence (or lack of) a landlord-tenant relationship, and competing interests between the parties in the case. In an eviction case, there is a landlord-tenant relationship. There is no landlord-tenant relationship in an ejectment action.
At Hansen Law Firm, ejectment action lawyers help property owners protect their rights and their property. Ejectment actions can be challenging, as both sides are usually required to research the chain of title to determine which person is the rightful owner.
Depending on the property and the circumstances involved in the case, this can be a laborious process. If you need to eject an individual from your property, you need the help and experience of Florida ejectment action attorney.
Eviction, Unlawful Detainer, Ejectment: Which One Do I Need?
In Florida, there are generally three ways to take back possession of your property and remove an individual who has overstayed their welcome.
Eviction. Most people are familiar with evictions, which are governed by Chapter 83 of the Florida Statutes and involve a landlord asking the court to order a tenant to leave a rental property, either because the tenant stopped paying rent, or for another valid reason.
Unlawful Detainer. One common example of an unlawful detainer case is a parent who has permitted an adult child’s boyfriend or girlfriend to stay at their home for a period of time without paying rent or having any sort of landlord-tenant arrangement.
In this type of case, the parent’s title to the property is not in question, and the unwanted individual has no interest in the property. Unlawful detainer cases are governed by Chapter 82 of the Florida Statutes.
Ejectment. As with an unlawful detainer, an ejectment action does not involve any sort of landlord-tenant relationship. However, ejectment cases differ from unlawful detainer actions in that the person occupying the property claims they have an interest in the property.
Ejectment cases can involve various scenarios, but in most cases, two or more people legitimately believe they have a right to possess the property. Furthermore, defendants ejected from the property may be eligible to receive compensation if they can show they improved the property while they had possession of it.
Procedures for ejectment cases are found under Chapter 66 of the Florida Statutes. Unlike evictions and unlawful detainer actions, ejectment procedures tend to progress on a much slower timetable, which can be frustrating for individuals who believe they are the legitimate property owner.
No matter what type of possession action you file, it is important to choose the correct one for your needs. If you file the wrong kind of case, the court will dismiss it, costing you valuable time and money and creating a frustrating delay in your efforts to reclaim your property.
Need to File an Ejectment Case? Call Florida Ejectment Action Attorney now
An ejectment matter is not something you want to handle on your own. These are complicated real estate cases that require the help and advice of an experienced Miami ejectment action lawyer.
At HLF Real Estate Law, we help property orders throughout Southern Florida protect their rights. Contact today to discuss your case at 305-777-0474.