Under Florida law, there are three possible causes of action to address a situation whereby a landlord or property owner wants to have an occupant removed from the subject real property. An unlawful detainer lawyer, or a lawyer specializing in real estate litigation, should be able to correctly identify whether the facts of your case warrant the filing of an unlawful detainer, ejectment or eviction. While many people have heard of evictions, far fewer have heard of ejectments or unlawful detainers. It is important to know the difference between these three differing legal theories to ensure the appropriate one is filed (or challenged) in your situation.
Edelboim Lieberman Revah Oshinsky PLLC represents landlords, property owners, investors, tenants and occupants throughout Florida in unlawful detainer actions, ejectments and evictions. We can assist you in filing ejectment actions or can defend a lawsuit for unlawful detainer, eviction or ejectment. Very broadly speaking, unlawful detainer actions are appropriate where the legal relationship between the property owner and the occupant is one of property owner and occupant/squatter without a legal right to possession. Ejectment are used to remove persons from real property when such persons claim ownership or have a title interest in the property. Evictions are filed when the legal relationship between property owner and occupant is one of landlord and tenant, i.e., there is some exchange of money or services in exchange for living at the subject real property. To learn more about the nuanced differences between unlawful detainers, ejectments, and evictions, read more by visiting this free legal resource.