When someone refuses to leave property they no longer have a legal right to occupy, the situation can quickly become stressful and costly. At Filler & Hedum Family Law Firm, Kelly Hedum and Sam Filler help you navigate Florida unlawful detainer actions with straightforward guidance and the personal attention you deserve. As attorneys deeply rooted in the Oviedo community, we’re here when you need us.
Unlawful Detainer in Florida:
What You Need to Know
An unlawful detainer action is used when someone remains on your property after their right to stay has ended, but there was never a landlord-tenant relationship. This typically involves former roommates, houseguests, family members, or acquaintances who were allowed to stay temporarily and then refuse to leave. Unlike an eviction, unlawful detainer cases focus on recovering possession of the property rather than collecting unpaid rent.
In Florida, the process requires filing a lawsuit and following specific court procedures before the occupant can be legally removed. Property owners cannot simply change the locks, shut off utilities, or force someone out on their own. Taking the legal route helps protect your rights and avoid unnecessary complications. With the right guidance, you can pursue a lawful resolution and regain control of your property as efficiently as possible.
Common Situations That May Require an Unlawful Detainer Action:
- A former roommate refusing to leave after permission has been revoked
- An adult child remaining in a home without legal authority to stay
- A family member continuing to occupy property against the owner’s wishes
- A former romantic partner refusing to move out after a relationship ends
- A guest overstaying their welcome after being asked to leave
- Someone occupying property without paying rent and without a lease agreement
FAQs
What Is the Difference Between an Unlawful Detainer and an Eviction?
Although people often use the terms interchangeably, they are not the same. An eviction generally involves a landlord-tenant relationship and issues like unpaid rent or lease violations. An unlawful detainer action, meanwhile, is used when someone occupies property without a lease and refuses to leave after their permission to stay has ended.
Can We Remove Someone From Our Property Without Going to Court?
In most situations, no. Florida law generally requires property owners to follow the proper legal process. Changing locks, removing belongings, shutting off utilities, or attempting to force someone out can create additional legal problems. We help you pursue a lawful solution through the court system.
How Long Does an Unlawful Detainer Case Take?
The timeline depends on several factors, including whether the occupant responds to the lawsuit and whether any disputes arise. Some cases move relatively quickly, while others take longer if contested. When you meet with us, Kelly and Sam can evaluate your circumstances and provide a realistic overview of what to expect.
Filler & Hedum:
There When You Need ‘Em!
When someone refuses to leave your property, you deserve clear answers and a practical path forward. At Filler & Hedum, we work directly with you to understand the situation, explain your options, and help you pursue the proper legal remedy. Kelly and Sam personally handle every case, providing the honest, straightforward guidance our Oviedo neighbors have trusted for decades. If you need help with an unlawful detainer matter anywhere in Seminole County, contact us today for a free case evaluation.
