Real Estate Services

Unlawful Detainer
in Florida

When someone is occupying your property without a lease and refuses to leave, a standard eviction is not the right tool. An unlawful detainer action is the correct legal remedy, and filing the wrong case can set you back weeks.

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What Is an Unlawful Detainer Action in Florida?

An unlawful detainer action is a lawsuit to remove someone who occupies your property without a landlord-tenant relationship. This typically includes family members, friends, former partners, or roommates who were allowed to stay informally but now refuse to leave.

Because there is no lease, a standard eviction does not apply. Unlawful detainer is governed by a different section of Florida law and requires different pleadings and procedures. Filing the wrong type of case can result in dismissal.

We identify the correct remedy for your situation, prepare the right demand to vacate, file the complaint correctly, and represent you through the entire process.

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Watch: Unlawful Detainer vs. Eviction in Florida

When You Need It

Six Situations That Call for an Unlawful Detainer Action

Family Members Who Won't Leave

If a family member, friend, or roommate was allowed to stay without a formal lease and now refuses to leave, an unlawful detainer action is the correct legal tool to regain possession.

Inherited Property Occupants

When you inherit a property and someone is living there without a lease, you cannot simply change the locks. An unlawful detainer action gives you the legal right to remove them.

Not the Same as an Eviction

Unlawful detainer is a different legal action than a standard landlord-tenant eviction. Filing the wrong type of case can result in dismissal. We identify the correct remedy from the start.

Licensees and Permissive Occupants

A licensee is someone you gave permission to use property without a lease. When that permission is revoked and they refuse to leave, an unlawful detainer action is the proper remedy.

Filed Quickly and Correctly

Every day someone occupies your property without authorization costs you time, money, and peace of mind. We move quickly and make sure the case is filed correctly the first time.

From Filing to Writ of Possession

We handle the entire process: preparing the demand to vacate, filing the complaint, serving the occupant, attending the hearing, and obtaining the writ of possession to restore your access.

Natalia Ouellette-Grice, Real Estate Attorney

Why LCO Law

The Right Case Filed the Right Way

These situations are often emotionally charged. A family member who has overstayed their welcome, a former partner who refuses to leave, a friend who turned a short-term stay into a permanent one. We understand the sensitivity and handle these cases with professionalism and efficiency.

We identify whether your situation calls for eviction or unlawful detainer
We prepare the correct demand to vacate and file the right complaint
Full representation from filing through writ of possession
We handle contested cases where the occupant claims a tenancy
Serving property owners across all of Florida

Common Questions

Unlawful Detainer FAQ

What is the difference between an eviction and an unlawful detainer?

A standard eviction applies when there is a landlord-tenant relationship, meaning the occupant pays rent or has a written or oral lease. An unlawful detainer applies when there is no landlord-tenant relationship, such as a family member, friend, or roommate who was given permission to stay but never paid rent and has no lease. Filing the wrong type of case can result in dismissal, so it is critical to identify the correct remedy first.

Can I remove a family member from my home without a court order?

No. Even if someone has no lease and pays no rent, you cannot legally remove them by force, change the locks while they are home, or remove their belongings without a court order. Doing so can expose you to civil liability. The unlawful detainer process gives you a legal, enforceable court order that the sheriff can execute.

How long does an unlawful detainer action take in Florida?

An uncontested unlawful detainer case in Florida typically moves faster than a standard eviction, often resolving in two to four weeks from filing to writ of possession. If the occupant contests the case, the timeline can extend depending on the court docket and the nature of the dispute.

What notice do I have to give before filing an unlawful detainer?

Florida law requires you to give the occupant a written demand to vacate before filing an unlawful detainer complaint. The required notice period depends on the nature of the occupancy. We prepare the correct notice and make sure it is properly delivered so your case starts on solid legal footing.

What if the person claims they have a lease or paid rent?

If an occupant claims a tenancy exists, the court will need to determine whether a landlord-tenant relationship was created, either formally or informally. This is one of the key contested issues in unlawful detainer cases. We gather the facts, build your case, and represent you at the hearing.

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Tell us about your situation and who is on the property. We will determine the right legal remedy and let you know exactly how we can help. No pressure, no obligation.

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Unlawful Detainerin Florida