Unlawful Detainer Lawyer

Unlawful Detainer & Ejectment Attorneys

Filing Evictions, Ejectments & Unlawful Detainers

Real Estate Litigation – Unlawful Detainer, Ejectment and Eviction

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.

To find out more about unlawful detainer, ejectments and evictions in Florida, call (305) 768-9909 for a free consultation.

Difference Between Ejectments, Evictions, and Unlawful Detainers in Miami, FL

  • Eviction (Florida Statutes, Chapter 83): This approach applies when a landlord-tenant relationship exists, usually by way of a lease agreement and/or the routine payment of rent. If the tenant is accused of breaching the applicable lease agreement, the landlord may seek to have the tenant removed from the property through a lawsuit for eviction under Chapter 83 of the Florida Statutes. The eviction lawyers at Edelboim Lieberman Revah Oshinsky have resolved thousands of commercial evictions and residential evictions.
  • Unlawful Detainer (Florida Statutes, Chapter 82): This type of lawsuit is similar to an eviction, but typically involves situations where no formal landlord-tenant relationship or landlord tenant agreement exists. In this type of situation, the property owner would need to file an unlawful detainer action to have the person removed from the property. Unlawful Detainers are filed in situations where the occupant maintains possession of a real property without the property owner’s consent, i.e., guests that overstay their welcome, relatives or friends who detain in possession of the real property against the owner’s consent and without a valid leasehold interest in the property.
  • Ejectment (Florida Statutes, Chapter 66): Typically the most complicated of removal proceedings, ejectments may apply when a tenant or occupant of real property refuses to leave the premises and this refusal is predicated upon a claim that he or she has some type of right, title or ownership interest in the property. Only a property owner can bring an ejectment action in Florida. Our ejectment lawyers will verify that you have the title and ownership of the property before filing for ejectment.

Whether you are a tenant, landlord, or property owner, our real estate attorneys can offer the skilled counsel you need in removal proceedings such as ejectments, evictions, or unlawful detainers.

Understand your rights during real estate removal proceedings. Call our offices at (305) 768-9909 to learn more!

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