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Florida Unlawful Detainer Attorney — Removing Occupants Who Have No Right to Stay

Revah Law Group files unlawful detainer actions under §82.04, Florida Statutes, to remove occupants who have no lease, no tenancy, and no legal right to remain on the property — squatters, overstaying guests, ex-partners, adult children, and other unauthorized parties. Unlawful detainer is faster than a traditional eviction when the facts support it, and getting the case classified correctly from the start is critical.

Remove the Occupant →

What Is an Unlawful Detainer?

An unlawful detainer action under §82.04, Florida Statutes, is a summary proceeding to recover possession of real property from a person who entered lawfully but no longer has the right to remain — or from a person who entered unlawfully in the first place. Unlike a residential eviction, it does not require a Three-Day Notice, a lease, or a landlord-tenant relationship. It requires only that the plaintiff have a right to possession and the defendant does not.

Unlawful Detainer vs. Eviction vs. Ejectment

Eviction (Chapter 83): Used when there is a landlord-tenant relationship. Requires statutory notice.
Unlawful Detainer (Chapter 82): Used when there is no tenancy but the occupant had some initial permission to be there — or is a squatter claiming no ownership interest. Summary proceeding, faster than ejectment.
Ejectment (Chapter 66): Used when the occupant claims an ownership interest (title dispute). Full civil litigation, slowest of the three.

Picking the wrong vehicle can set the case back months. Revah Law Group evaluates every file for the fastest viable remedy before drafting a single pleading.

Who Can File and When

The owner, lienholder, or someone entitled to possession may file. The typical triggering facts are:

A guest overstayed after being asked to leave
A family member refuses to vacate after permission is revoked
A romantic partner won’t leave after the relationship ends
A squatter has moved in without permission
A former caretaker, roommate, or employee refuses to vacate
A buyer in a failed real estate transaction won’t leave

If the occupant was ever a “tenant” — meaning they paid rent or had a lease, even verbal — this is an eviction case, not an unlawful detainer.

The Florida Unlawful Detainer Process

Step 1 — Demand for Possession

While §82.04 does not require statutory notice, we typically send a written demand for possession to establish the record and set up fee recovery.

Step 2 — Complaint and Summons

Filed in county court. Summary procedure under §51.011 applies, which tightens deadlines and accelerates resolution.

Step 3 — Five-Day Answer

The defendant has five days to answer — much shorter than a typical 20-day civil answer deadline.

Step 4 — Default or Hearing

If no answer, default judgment. If the defendant answers, a hearing is typically scheduled within weeks.

Step 5 — Writ of Possession

Once judgment is entered, the sheriff executes the Writ of Possession — same process as in an eviction.

Total timeline: typically 3 to 6 weeks.

Common Scenarios We Handle

Squatter Removal

Someone has moved into a vacant property without any right to be there. Unlawful detainer is almost always the correct vehicle — never attempt self-help removal of a suspected squatter.

Overstaying Family or Guests

An adult child, relative, or guest was allowed to stay and now refuses to leave. Revocation of permission must be clearly documented.

Ex-Partners and Roommates

A non-tenant partner who lived in a home owned or leased by the other party can be removed by unlawful detainer when the relationship ends and consent is withdrawn.

Post-Closing Seller Holdovers

A seller who agreed to vacate after closing but won’t leave. Unlawful detainer is the remedy unless the parties signed a rent-back agreement (which creates a tenancy).