When someone occupies your property without a lease and refuses to leave, the remedy is unlawful detainer under Florida Statute Chapter 82. FLA Evictions handles these cases for property owners throughout Miami-Dade County, Broward County, and statewide Florida.
Unlawful detainer is a court action under Florida Statute Chapter 82 used to remove an occupant who has no legal right to possess the property and refuses to leave. It is the correct legal remedy when there is no landlord-tenant relationship -- no lease, no rental agreement, and typically no payment of rent.
Standard eviction under Chapter 83 applies when a landlord-tenant relationship exists. Unlawful detainer under Chapter 82 applies when it does not. Filing under the wrong statute results in dismissal -- which is why having an attorney who knows the difference matters from the start.
FLA Evictions handles unlawful detainer cases throughout Miami-Dade County, Broward County, and statewide Florida. We represent property owners only. We never represent occupants or tenants.
Filing under the wrong statute results in dismissal. The facts of your situation determine which action is correct.
Use this when the occupant:
Use this when the occupant:
See our eviction FAQ and how to evict a tenant in Florida guide.
You allowed someone to stay in your home -- a family member, partner, or friend -- without a lease or rent. The relationship has ended and they refuse to leave. Unlawful detainer is the correct remedy.
A property manager, caretaker, or employee lived on the property as part of their compensation. Employment has ended and they remain in the unit. This typically falls under Chapter 82, not Chapter 83.
Someone has occupied your property without your permission, without a lease, and without paying rent. They claim rights they do not have. Unlawful detainer removes them through the court process.
You purchased a property and the former owner refuses to vacate after closing. Depending on the contract terms, unlawful detainer may be the appropriate action to recover possession.
After a foreclosure sale, the prior owner or occupant remains in the property. The new owner needs to recover possession through the appropriate court action in Miami-Dade or Broward.
Call us. The facts of your situation determine whether Chapter 82 or Chapter 83 is correct. Filing under the wrong statute wastes time and money. We assess the situation before we file.
The process is similar to a standard eviction but governed by different statutes and notice requirements under Chapter 82.
We review the facts of your case to confirm whether Chapter 82 unlawful detainer or Chapter 83 eviction is the correct action. This step prevents the dismissal that results from filing under the wrong statute.
Florida Statute 82.031 requires the occupant to receive written notice demanding they vacate the property before a complaint can be filed. The notice period and requirements differ from standard eviction notices.
Once the notice period expires without compliance, we file the unlawful detainer complaint in the appropriate Florida circuit court -- Miami-Dade Circuit Court, Broward Circuit Court, or the applicable county court.
The summons and complaint are served on the occupant by the sheriff or certified process server. The occupant has a set number of days to respond to the court.
If the occupant does not respond, we file for default judgment. If they respond, the case proceeds to a hearing. FLA Evictions represents property owners at every stage of the proceeding.
After the court enters judgment in the property owner's favor, we obtain the Writ of Possession. The sheriff executes the writ, removes the occupant, and returns lawful possession to you.
Standard eviction under Chapter 83 applies when a landlord-tenant relationship exists -- a lease, oral or written, and payment of rent. Unlawful detainer under Chapter 82 applies when no landlord-tenant relationship exists. The procedures differ, the notices differ, and filing under the wrong statute results in dismissal.
No. Florida law prohibits self-help removal. Even when someone has no lease and no legal right to be on the property, changing the locks while they are present, removing their belongings, or physically removing them without a court order exposes you to liability. Florida Statute 82.031 requires a court proceeding to lawfully restore possession. Only the sheriff may remove an occupant under a court-issued Writ of Possession.
An uncontested unlawful detainer case typically resolves within 3 to 5 weeks from filing to Writ of Possession execution in Miami-Dade and Broward County. Contested cases take longer depending on court scheduling and the defenses raised. Starting with correct notice and a properly filed complaint keeps the timeline as short as legally possible.
If the occupant paid rent -- even informally, in cash, with no written agreement -- a landlord-tenant relationship likely exists. The correct action is standard eviction under Chapter 83, not unlawful detainer under Chapter 82. Filing under the wrong statute results in dismissal. Contact us and we will assess the facts before filing anything.
Florida Statute 82.031 requires the property owner to give the occupant written notice to vacate before filing an unlawful detainer complaint. The notice requirements under Chapter 82 differ from the 3-day notice and 7-day notices used in standard evictions under Chapter 83. We prepare the correct notice for your specific situation.
Yes. FLA Evictions handles unlawful detainer cases throughout Miami-Dade County, Broward County, and all 67 Florida counties on a flat fee basis. We represent property owners only.
Call FLA Evictions and describe your situation. We will confirm whether Chapter 82 or Chapter 83 applies, prepare the correct notice, and move the case forward without delay. Flat fee. Landlord side only.
Serving Miami-Dade, Broward, and all 67 Florida counties