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 the occupant.
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. 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, ejection, or another real estate legal matter in the future.