Picking the Correct Procedure for Possession of Real Property
There are many differences between evictions and ejectments in Florida; however, for the purposes of this article I will stick to the main differences. An eviction is a lawsuit where you are asking the court for possession of a rental property. Evictions are governed by Chapter 83 of the Florida Statutes. In order for the court to have jurisdiction over an eviction, there must be a landlord-tenant relationship between the Plaintiff/Landlord and Defendant/Tenant. That usually means that there must be an agreement, oral or written, where one party provides a place to live and in return the other party will pay them rent. This seems pretty simple; however, many people make the mistake of filing an eviction when there was no agreement for rent. That results in a waste of time and money because the judge will have no choice but to dismiss the lawsuit. Sometimes, you may even be ordered to pay the defendant’s attorney’s fees.
When a person is in possession of a property and there is no agreement for rent, and therefore no landlord-tenant relationship, an ejectment is necessary. Ejectments are almost always more complicated, usually contested, and the process can take considerably longer than an eviction.
Unless you have a written lease agreement signed by your tenants, it is a good idea to speak with an attorney to determine which procedure is best. At the Morey Law Firm, P.A., we can help you make this determination. If you live in Orlando or the surrounding area, call to set up your free consultation today!