Eviction of guest, family member, significant other, or squatter
UNLAWFUL DETAINER
Unlawful Detainer is a case filed in court under Chapter 82 of the Florida Statutes. Unlike a tenant eviction (filed under Chapter 83 Florida Statutes), with unlawful detainer cases there is no landlord and tenant relationship between the landlord and occupant. In an unlawful detainer case, the person or persons asked to leave the property has or have no legal right to remain in the property (meaning no lease or title giving right to remain in the property).
Removing Squatters
Florida statutes define unlawful entry as entry into and possession of real property, even if the possession is temporary or for a portion of the real property, when such entry is not authorized by law or consented to by the landlord. see Florida Statute 82.01(5).
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Removing Guests, Friends, or Significant Others
Florida statutes define an unlawful detainer as possession of real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of the landlord or after the landlord's consent is withdrawn. see Florida Statute 82.01(4)
If you are the landlord, and invited a guest, friend, family member, significant other, or other person to reside in the property without agreement to pay rent, then it is necessary to file an unlawful detainer to remove these types of occupants if the occupant refuses to leave the property after being asked to leave by the landlord.
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