If you are an owner of real estate and need to remove a tenant or occupant from your property, the lawyers at Edelboim Lieberman Revah PLLC are skilled advocates with years of experience in such matters and can help you. Florida law provides several mechanisms to remove a tenant or occupant from your property, including eviction, unlawful detainer and ejection actions. If you need to remove a tenant or occupant from your residential or commercial property, our eviction lawyers can fully explain these options available to you and assist you with successfully obtaining possession of your property.
The option that most landlords are familiar with involves evicting a person from the property. Evictions are appropriate when a landlord/tenant relationship exists, which is typically documented through a lease agreement or the payment of rent. When tenants breach a lease agreement, a landlord can seek their removal from the property through an eviction, as outlined in the Florida Statutes, Chapter 83. An eviction can apply to tenants in both residential and commercial properties.
However, contrary to common belief, landlords usually cannot evict tenants just for any reason. Typically, there must have been a breach of the lease agreement, such as failure to pay rent or another violation of the lease agreement.
Unlawful detainers are similar to evictions, but the differentiating factor is that a landlord/tenant relationship does not need to exist and there does not need to be a formal lease agreement. Using an unlawful detainer, landlords can still remove these individuals from the property. Instances where an unlawful detainer is appropriate may include a guest that has overstayed their welcome, or friends or family members who remain in possession of the property without the consent of the property owner and without a valid interest in the property.
Obtaining an ejectment is the most complex of all removal proceedings. Unlike evictions and unlawful detainers, only property owners can obtain an ejectment.
For example, a property management company hired by the owner of an apartment building may have the legal authority to evict a tenant for non-payment of rent. If the property owner needs to pursue an ejectment though, they must prove that they have the title, right, or ownership interest in the property and the property management company would not have the legal right to pursue an ejectment on their own. Our eviction lawyers can review the facts of your claims and determine if an ejectment is right for you.
Our Eviction Lawyers Can Advise You
You have many options when you need to remove someone from your property, but determining which one is most applicable is not always easy. At Edelboim Lieberman Revah PLLC, our eviction lawyers will review the facts of your case, determine which option is right for you, and help you navigate the process that is most suitable. Call us today at (305) 768-9909 or contact us online to schedule a free and confidential consultation with one of our knowledgeable attorneys and to learn more about how we can help.