Q: How to respond to unlawful detainer in FL without prior notice?

A: Unlawful detainer and eviction are 2 similar but completely different causes of action. In an eviction, you are required to be given notice. There is no notice in an unlawful eviction action. A small claims action on your part is absolutely incorrect. I urge you to seek an attorney's help immediately, as an attorney can look at your lease and determine the proper response.

A: You’re right to be concerned, and it’s good that you’ve already started gathering documentation. In Florida, if a landlord files an unlawful detainer but you had a verbal agreement and paid rent, the case might be invalid—it should have been filed as an eviction, which requires written notice. When you file your response with the court, be sure to clearly state that you were a tenant, not just someone unlawfully occupying the space, and include proof of rent payments.

Yes, you should absolutely include your concerns in the response—mention the lack of proper notice, the removal and damage of your belongings, and the sheriff’s acknowledgment that eviction must follow legal procedures. While the judge may not dismiss the case right away, your response helps protect your record and gives the court reason to question the filing. You can also ask the court to seal or remove the case from public record if it’s found to be improper or retaliatory.

As for damages, you can file a separate small claims case for your belongings and any losses. Be specific, include dates, witness names (like the deputy), and anything showing the landlord acted outside the law. The more organized your response is, the better your chance of avoiding a judgment that doesn’t belong on your record. Responding within the five-day window is critical, so don’t delay.

A: You’re right to be concerned, and it’s good that you’ve already started gathering documentation. In Florida, if a landlord files an unlawful detainer but you had a verbal agreement and paid rent, the case might be invalid—it should have been filed as an eviction, which requires written notice. When you file your response with the court, be sure to clearly state that you were a tenant, not just someone unlawfully occupying the space, and include proof of rent payments.

Yes, you should absolutely include your concerns in the response—mention the lack of proper notice, the removal and damage of your belongings, and the sheriff’s acknowledgment that eviction must follow legal procedures. While the judge may not dismiss the case right away, your response helps protect your record and gives the court reason to question the filing. You can also ask the court to seal or remove the case from public record if it’s found to be improper or retaliatory.

As for damages, you can file a separate small claims case for your belongings and any losses. Be specific, include dates, witness names (like the deputy), and anything showing the landlord acted outside the law. The more organized your response is, the better your chance of avoiding a judgment that doesn’t belong on your record. Responding within the five-day window is critical, so don’t delay.