Melbourne, FL asked in Landlord - Tenant for Florida

Q: What is the difference between an eviction and an unlawful detainer case?

Related Topics:
2 Lawyer Answers

Robert Jason De Groot

  • Deltona, FL
  • Licensed in Florida

A: An eviction is for when there is a tenant, an unlawful detainer includes other circumstances.

Greg Jean-Denis

  • Melbourne, FL
  • Licensed in Florida

A: Both an Eviction (FL Stat. Chapter 83) and an Unlawful Detainer case (FL Stat Chapter 82) are entitled to a summary proceeding meaning you can serve the defendant with a five day notice by posting or having a sheriff or process server hand it to them or a member of their household of 15 or older. Both cases can be set for a final hearing fairly quickly if one is required. An Eviction is started by giving written notice of termination of tenancy. An unlawful detainer does not require the same strict notice requirements. Another major difference is that you have to show a landlord tenant relationship in an Eviction while in an unlawful detainer, you can remove someone from property when there is no landlord tenant relationship such as a guest who has overstayed their welcome. One example of a person to remove from a property by unlawful detainer is a live-in girlfriend or boyfriend or even an adult son or daughter. Another major difference is the costs. Some Clerk of Courts in Florida will charge a lower filing fee for an eviction and a higher one for a unlawful detainer even though they are similar. There are other important differences and similarities that can cause your case to go smoothly to Final Judgment or be dismissed. You should consult with an attorney familiar with both chapters of the Florida Law to see what case you should file or what potential defenses you have for either of the cases filed against you.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.