Ejectment

Florida Ejectment Lawyer — Remove Persons Claiming Title to Your Property

When someone claims to own your property — through a fraudulent deed, a forged document, a disputed inheritance, or an adverse possession claim — you need more than an eviction. You need an ejectment action.

Ejectment is the most powerful property-recovery remedy in Florida law. While eviction  removes a tenant and  unlawful detainer removes an unauthorized occupant, ejectment goes further — it resolves competing claims to title and removes any person who occupies real property based on a claimed ownership interest that is inferior to the plaintiff’s. Ejectment is the appropriate action when the dispute is not about who has the right to rent the property, but who has the right to own it.

Ejectment actions in Florida are governed by Section 66.021, Florida Statutes, which provides that the owner of real property or any person claiming title to real property may recover possession of that property through an action in ejectment. Unlike eviction and unlawful detainer — both of which are summary proceedings with expedited timelines — ejectment is an ordinary civil action that proceeds on the standard civil litigation calendar, with full discovery, motions practice, and potentially a jury trial. This makes ejectment longer and more complex than eviction, but also more comprehensive — the final judgment in an ejectment action resolves the title question once and for all.

This guide is written for Florida property owners who need to remove someone from their property when the dispute involves competing claims to ownership or title — situations where the eviction and unlawful detainer statutes are insufficient.

Table of Contents

1. What Is an Ejectment Action?
2. When Is Ejectment the Right Remedy?
3. Ejectment vs. Eviction vs. Unlawful Detainer vs. Quiet Title
4. The Legal Elements of an Ejectment Claim
5. The Ejectment Process Step by Step
6. Common Ejectment Scenarios in Florida
7. Common Defenses in Ejectment Actions
8. Damages and Financial Recovery
9. Timeline and Costs
10. Lis Pendens: Protecting the Property During Litigation
11. Related Guides
12. Frequently Asked Questions

1. What Is an Ejectment Action?

Ejectment is a civil action by which a person who claims the right to possess real property may recover that possession from another person who is in actual possession of the property. The action has its roots in English common law and has been codified in Florida by Section 66.021, Florida Statutes.

The distinguishing feature of ejectment is that it resolves disputes over title to real property. While eviction asks “did the tenant breach the lease?” and unlawful detainer asks “does this person have permission to be here?”, ejectment asks the fundamental question: “who has the superior right to own and possess this property?” The plaintiff in an ejectment action must prove that they hold legal title (or some other superior possessory interest) and that the defendant is wrongfully in possession.

Because ejectment involves title, it is treated as an ordinary civil action — not a summary proceeding. The defendant has twenty days to respond (compared to five business days in an eviction), and the case proceeds through the standard civil litigation process, including pleadings, discovery, motions, and potentially trial. This makes ejectment slower than eviction or unlawful detainer, but it also means the court’s judgment carries greater finality — it determines who owns the property, not just who gets to live there.

Historical Context

At common law, ejectment evolved as a remedy for a leaseholder (a “tenant” in the old English sense of someone holding an estate in land) to recover possession from someone who had wrongfully taken it. Over centuries, the action was adapted and expanded until it became the primary mechanism for resolving title disputes between competing claimants. In modern Florida practice, ejectment retains this character — it is the action of choice when the dispute is fundamentally about who owns the property, rather than about the terms of a lease or the revocation of a guest’s permission.

2. When Is Ejectment the Right Remedy?

Ejectment is the appropriate remedy when the person you need to remove from the property claims an ownership interest— as opposed to a tenancy or a mere right of occupancy. The following situations typically require an ejectment action.

Fraudulent deed holders. A person who has obtained a deed to your property through fraud, forgery, or identity theft and is now occupying the property (or preventing you from occupying it) based on the fraudulent deed. Fraudulent deed transfers have become increasingly common in Florida, particularly targeting properties owned by elderly individuals, absentee owners, and estates in probate. The ejectment action, often combined with a quiet title action, is the mechanism for canceling the fraudulent deed and recovering possession. See: Removing Fraudulent Deed Holders from Florida Property.

Post-foreclosure occupants. When a property is sold at a foreclosure sale, the former owner or any other person occupying the property must vacate. If the former owner refuses to leave, the purchaser at the foreclosure sale (or the bank, if the bank was the successful bidder) must bring an action to remove them. Depending on the circumstances, this may be an eviction (if the former owner is treated as a tenant at sufferance), an unlawful detainer, or an ejectment action — the choice depends on whether the former owner is challenging the validity of the foreclosure or the title acquired at the sale. See: Post-Foreclosure Ejectment: Removing Former Owners.

Adverse possession claimants. A person who claims to have acquired title to your property through adverse possession — by occupying it openly, continuously, and hostilely for seven years under color of title while paying taxes, as required by Section 95.18, Florida Statutes. While successful adverse possession claims are rare in Florida, they do arise, and when they do, ejectment is the vehicle for resolving the competing title claims.

Disputed inheritances. When a property owner dies and multiple heirs or claimants assert the right to the property — for example, a person occupying the property claims to have inherited it, while the actual heir (or the personal representative of the estate) disputes the claim. These situations often involve disputes over the validity of a will, the identity of rightful heirs, or the proper administration of the estate.

Boundary disputes. When a neighbor builds a structure that encroaches on your property, or when a dispute arises about where the property line falls, ejectment may be appropriate to remove the encroachment and establish the boundary. While boundary disputes more commonly involve survey actions and injunctions, ejectment is available when the encroaching party is in actual possession of a portion of your land.

Former co-owners after a buyout or partition. When a co-owner’s interest in a property has been extinguished — through a partition sale, a buyout, a foreclosure of their interest, or a court order — but the former co-owner refuses to vacate. Ejectment establishes that the former co-owner no longer has an interest in the property and orders their removal.

Do Not Use Eviction for Title Disputes

If the person you need to remove claims to own the property — even if the claim is clearly fraudulent — eviction under Chapter 83 is almost certainly the wrong remedy. Eviction presupposes a landlord-tenant relationship, and if the occupant claims to be an owner (not a tenant), the eviction court may lack jurisdiction to resolve the title dispute. Filing an eviction in a title-dispute situation will likely result in dismissal and wasted time. Use ejectment.

3. Ejectment vs. Eviction vs. Unlawful Detainer vs. Quiet Title

Florida property owners have four primary legal tools for resolving property-possession disputes. Understanding which one to use — and when to combine them — is critical.

Ejectment vs. Quiet Title: What’s the Difference?

Ejectment and quiet title are closely related and are frequently filed together, but they serve different purposes. Ejectment seeks to recover possession of the property — it results in a writ of possession and the physical removal of the defendant. Quiet title under Section 65.011, Florida Statutes, seeks to resolve the title question— it results in a judgment declaring who holds valid title, canceling any adverse claims, and clearing the title record. Quiet title does not, by itself, require the defendant to vacate. For a detailed comparison and guidance on combining these remedies, see: Quiet Title and Ejectment: When to Combine Both Actions.

In many Florida cases, the plaintiff files both ejectment and quiet title in the same complaint. The quiet title count asks the court to declare the plaintiff’s title superior and cancel any adverse deed or claim. The ejectment count asks the court to order the defendant to vacate and issue a writ of possession. Together, these counts provide a comprehensive remedy that clears the title record and puts the plaintiff back in physical possession.

4. The Legal Elements of an Ejectment Claim

Under Florida law, the plaintiff in an ejectment action must establish three elements.

Element 1: The Plaintiff Has Legal Title or a Superior Right to Possession

The plaintiff must prove that they hold legal title to the property. This is typically demonstrated by producing the deed, a chain of title showing the plaintiff’s ownership, and (if the title is derived from a foreclosure sale, tax sale, or court order) the judicial or administrative instrument that conveyed title. If the plaintiff claims a right to possession that is not based on fee simple ownership — for example, a life estate, a trust interest, or a leasehold — the plaintiff must prove the instrument creating that interest.

In cases involving fraudulent deeds, the plaintiff must also prove that the defendant’s deed is invalid. This may require evidence of forgery (through handwriting analysis or witness testimony), evidence of fraud (showing that the deed was obtained through deception), or evidence that the deed was executed by someone who had no authority to convey the property.

Element 2: The Defendant Is in Actual Possession of the Property

Ejectment requires that the defendant be in actual possession of the property at the time the action is filed. If the defendant is not physically occupying the property — for example, if the defendant holds a fraudulent deed but has never taken possession — ejectment alone may not be the right remedy. In that case, a quiet title action (which does not require the defendant to be in possession) may be more appropriate, potentially with an ejectment count included in case the defendant takes possession during the litigation.

Element 3: The Defendant’s Possession Is Wrongful

Finally, the plaintiff must show that the defendant has no legal right to possess the property — or that whatever right the defendant claims is inferior to the plaintiff’s. This element often involves the most significant litigation in an ejectment case, because the defendant will assert whatever claim they have (a deed, an inheritance, an adverse possession claim, a purchase agreement) and the court must evaluate the competing claims to determine whose right is superior.

5. The Ejectment Process Step by Step

Title Search and Investigation

Before filing the ejectment action, the plaintiff’s attorney should conduct a thorough title search to understand the full chain of title, identify any adverse deeds, liens, or encumbrances on the property, and determine the legal basis for the defendant’s claimed interest. This investigation is critical because the ejectment complaint must accurately allege the plaintiff’s title and the basis for the defendant’s wrongful possession. In cases involving fraudulent deeds, the title search will reveal when and how the fraudulent deed was recorded, which parties were involved, and what notarization or witnessing (if any) was used.

File the Ejectment Complaint

The complaint is filed in the circuit court of the county where the property is located. Ejectment is within the exclusive jurisdiction of the circuit court (not county court) because it involves title to real property. The complaint should allege the plaintiff’s title (attaching the deed and any other instruments establishing ownership); that the defendant is in actual possession of the property; the nature of the defendant’s claimed interest and why it is invalid or inferior to the plaintiff’s; and a request for judgment for possession, a writ of possession, mesne profits (the reasonable rental value of the property for the period of wrongful possession), and any other damages. If the plaintiff is also seeking to quiet title, a separate count for quiet title under Section 65.011 should be included.

Record a Lis Pendens

Immediately upon filing the ejectment complaint, the plaintiff should record a lis pendens in the public records of the county where the property is located. The lis pendens provides constructive notice to the world that the property is the subject of pending litigation, which prevents the defendant from selling, mortgaging, or otherwise transferring the property to a third party during the pendency of the case. See Section 10for details.

Service of Process

The complaint and summons must be personally served on the defendant. Because ejectment is an ordinary civil action, the standard rules of civil procedure for service of process apply. The defendant has twenty days from the date of service to file a responsive pleading. If the defendant fails to respond, the plaintiff may move for a clerk’s default and then for a default final judgment.

Discovery and Motions Practice

If the defendant files an answer and asserts defenses, the case enters the discovery phase. Both sides may conduct written discovery (interrogatories, requests for production, requests for admission), take depositions, and retain experts (such as handwriting experts in forgery cases or title experts in chain-of-title disputes). The plaintiff may also file dispositive motions — a motion for summary judgment if the facts are undisputed, or a motion to strike defenses that are legally insufficient. Discovery in ejectment cases can be extensive, particularly in fraud cases where the plaintiff must trace how the fraudulent deed was created and recorded.

Trial

Ejectment is an action at law, which means either party has the right to a jury trial. At trial, the plaintiff must prove — by a preponderance of the evidence — the three elements described in Section 4: superior title, the defendant’s actual possession, and the wrongfulness of that possession. If a quiet title count is included, the court resolves the title question (which is equitable and decided by the judge, not the jury) and the ejectment question (which may be decided by the jury). In practice, many ejectment cases settle before trial, particularly once discovery reveals the strength of the plaintiff’s evidence.

Judgment and Writ of Possession

If the plaintiff prevails, the court enters a final judgment declaring the plaintiff’s title superior, ordering the defendant to vacate the property, and (if mesne profits were sought) awarding monetary damages. The clerk issues a writ of possession, which the sheriff executes by posting the writ on the property and removing the defendant if they do not voluntarily vacate. The plaintiff may also record the final judgment in the public records to clear the title chain.

6. Common Ejectment Scenarios in Florida

Fraudulent Deed Transfers

Florida has experienced an epidemic of deed fraud — criminals forge deeds, file them in the public records, and then either sell the property to an unsuspecting buyer or move in and claim ownership. The fraudulent deed appears in the public records as a valid conveyance, which means the true owner must go to court to cancel it. An ejectment action (combined with quiet title) is the appropriate remedy. The plaintiff must prove that the deed is fraudulent — through handwriting analysis, testimony from notaries or witnesses, evidence that the purported grantor was deceased or out of the country at the time of execution, or other evidence demonstrating the forgery or fraud. For a comprehensive guide, see: Removing Fraudulent Deed Holders.

Post-Foreclosure Holdover by Former Owners

When a property is sold at a foreclosure sale, the former owner loses all right to the property. Some former owners, however, refuse to vacate — either because they dispute the validity of the foreclosure, because they are awaiting relocation, or because they are simply unwilling to leave. The purchaser at the foreclosure sale (or the bank that acquired the property through a credit bid) must bring an action to remove the former owner. The choice of action depends on whether the former owner is treated as a tenant at sufferance (in which case eviction may apply) or as a person with no remaining possessory interest (in which case ejectment is appropriate). In cases where the former owner challenges the validity of the foreclosure itself, ejectment combined with quiet title is the appropriate remedy because it resolves the title question definitively. See: Post-Foreclosure Ejectment.

Tax Deed Sales

When a property is sold at a tax deed sale under Chapter 197, Florida Statutes, the tax deed purchaser acquires title to the property. If the former owner or another occupant refuses to vacate after the tax deed is issued, the purchaser must bring an ejectment action to recover possession. Tax deed ejectment cases often involve additional issues, including challenges to the validity of the tax sale, claims by lienholders whose interests were extinguished by the sale, and questions about whether proper notice was given to the former owner.

Family and Estate Disputes

Inheritance-related ejectment cases arise when multiple parties claim the right to a decedent’s property. A common scenario: an adult child was living with the parent at the time of death and claims to have inherited the property (either through a will or through intestate succession), while another heir or the personal representative of the estate disputes the claim. The child refuses to vacate, and the rightful heir or personal representative must bring an ejectment action. These cases can be legally complex because they may involve probate proceedings, will contests, and questions of intestate succession that must be resolved before the title question can be determined.

Betterment Claims

Under the equitable doctrine of betterment (and Section 66.041, Florida Statutes), a defendant in an ejectment action who made good-faith improvements to the property may be entitled to compensation for those improvements. This creates a unique dynamic in ejectment litigation: even if the plaintiff wins the ejectment and recovers possession, the defendant may counterclaim for the value of improvements they made to the property while in possession. For a detailed analysis, see: Betterment Petitions in Florida Ejectment Cases.

7. Common Defenses in Ejectment Actions

“I Hold Valid Title”

The most fundamental defense is that the defendant’s claim to the property is valid. The defendant may produce a deed, a will, a court order, or another instrument establishing their ownership. The court must then evaluate the competing title claims and determine which is superior. In fraudulent deed cases, this is where the plaintiff’s evidence of forgery or fraud becomes critical.

Adverse Possession

The defendant may claim to have acquired title through adverse possession under Section 95.18, Florida Statutes. To succeed, the defendant must prove continuous, open, notorious, and hostile possession for seven years under color of title, plus payment of all property taxes during the seven-year period. In practice, adverse possession defenses are difficult to establish because of the tax-payment requirement and the need for color of title.

Statute of Limitations

An ejectment action is subject to the applicable statute of limitations. Under Florida law, actions to recover real property must generally be brought within seven years of the accrual of the cause of action. If the defendant has been in possession for more than seven years and the plaintiff failed to bring the ejectment action during that time, the defense may be available. However, the statute of limitations for ejectment is closely related to the adverse possession statute, and the analysis is fact-specific.

Equitable Defenses: Laches, Estoppel, and Waiver

Even where the plaintiff has superior title, the defendant may assert equitable defenses such as laches (the plaintiff unreasonably delayed bringing the action, to the defendant’s prejudice), estoppel (the plaintiff’s conduct led the defendant to believe they had a right to the property), or waiver (the plaintiff knowingly allowed the defendant’s possession without objection). These defenses are evaluated by the court on a case-by-case basis.

Betterment / Good-Faith Improvements

As noted above, a defendant who made improvements to the property in good faith (believing they had a right to the property) may assert a betterment claim under Section 66.041. This does not prevent the ejectment, but it may result in the plaintiff being required to compensate the defendant for the value of the improvements.

8. Damages and Financial Recovery

Mesne Profits

The most significant financial recovery in an ejectment action is mesne profits— the reasonable rental value of the property for the period of the defendant’s wrongful possession. If a defendant has been occupying a property worth $3,000/month in rent for two years, the plaintiff may recover $72,000 in mesne profits in addition to the judgment for possession. Mesne profits are calculated from the date the defendant’s possession became wrongful through the date the plaintiff recovers possession.

Waste and Property Damage

If the defendant caused damage to the property during the period of wrongful possession — through neglect, intentional destruction, or failure to maintain — the plaintiff may recover the cost of repairs. This is particularly significant in fraudulent deed cases and post-foreclosure cases, where defendants who know they are going to lose sometimes damage the property on the way out.

Attorney’s Fees

Florida follows the “American rule” — each party pays their own attorney’s fees unless a statute or contract provides otherwise. In ejectment cases, there is no general statutory provision for attorney’s fee recovery. However, if the underlying dispute involves a contract that contains a fee-shifting provision (for example, a purchase agreement or a mortgage), the prevailing party may recover fees under that provision. Additionally, under Section 57.105, the court may award fees if the losing party’s claims or defenses were not supported by material facts or existing law.

9. Timeline and Costs

An uncontested ejectment (where the defendant fails to respond) can be resolved in approximately two to three months. A fully contested ejectment can take six months to over a year, depending on the complexity of the title dispute, the amount of discovery needed, and the court’s calendar.

Cost Estimates

Ejectment is significantly more expensive than eviction or unlawful detainer because it is a full civil litigation proceeding. However, the stakes are also significantly higher — the judgment determines ownership of real property, which may be worth hundreds of thousands or millions of dollars. The cost of the litigation should be weighed against the value of the property and the potential recovery of mesne profits and other damages.

10. Lis Pendens: Protecting the Property During Litigation

A lis pendens is a recorded notice that litigation is pending affecting the title to real property. Under Section 48.23, Florida Statutes, the plaintiff in an ejectment action may record a lis pendens in the public records of the county where the property is located.

The lis pendens serves two critical purposes. First, it provides constructive notice to the world that the property is the subject of litigation. Any person who purchases or takes an interest in the property after the lis pendens is recorded takes that interest subject to the outcome of the litigation — meaning that if the plaintiff wins, the purchaser’s interest is wiped out. This effectively prevents the defendant from selling the property to a third party during the case. Second, it deters the defendant from encumbering the property with additional mortgages or liens during the litigation, because no lender will finance a property that is subject to a lis pendens.

The lis pendens should be recorded at the same time the ejectment complaint is filed. The cost of recording is minimal (typically $10–$25), and the protection it provides is invaluable. Failure to record a lis pendens can result in a third-party purchaser acquiring the property during the litigation, which adds an additional layer of complexity to the case.

Record the Lis Pendens Immediately

In fraudulent deed cases, time is of the essence. The person holding the fraudulent deed may be actively trying to sell the property to an unsuspecting buyer. Recording the lis pendens the same day the complaint is filed creates an immediate public record that prevents any bona fide purchaser from acquiring clean title. If the property is sold before the lis pendens is recorded, the plaintiff’s recovery becomes significantly more complicated.

Someone Claiming Ownership of Your Property?

Ejectment cases require aggressive litigation, thorough title work, and deep knowledge of Florida property law. Our firm handles ejectment and quiet title actions for property owners throughout South Florida.

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• Florida Landlord Security Deposit Laws — Complete Guide

12. Frequently Asked Questions