Ejectment Vs. Eviction Vs. Unlawful Detainer: Which Do You Need?

If you own property in Florida, you may have considered renting it out or allowing someone else to live there for a time. In these situations, it is essential to understand your legal rights before you find a tenant or agree to let someone else move into your house. If they refuse to leave, you may be required to go to court for an order to remove them.

There are three legal processes for removing an unwanted occupant from your property in Florida: ejectment, eviction, and unlawful detainer. Ejectment is used when a person can claim a legal or equitable right to your property, while eviction is used when a tenant violates a lease. Unlawful detainer actions are only used when a person has no legal right to the property and no lease or agreement to pay rent.

At Eaton Realty, we understand the pros and cons of being a landlord in the West Central Florida area. Our property management services include ensuring that tenants are in compliance with their leases and taking action to remedy the situation if they violate the lease. Contact a member of our real estate team to discuss your property management needs.

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What Is an Ejectment?

An ejectment is a legal process that a property owner uses to regain possession of their real estate from a person occupying the property without permission. It is used in a few different situations, such as when a tenant overstays their lease, a squatter takes possession of the property, or when a person has permission to stay at a property but then the owner tells them they must leave. An ejectment action is undertaken whenever a person can claim that they have some sort of legal or equitable right to the property.

For example, consider a situation where your brother moves into your home after his girlfriend breaks up with him and kicks him out of their house. You had an argument with him and asked him to leave, but he says that he won’t leave and claims that you had an agreement with him to purchase the property. You may have to file an ejectment action to remove your brother from the property because he is claiming that he has a right to it.

As part of an ejectment action, a property owner must prove two things: (1) that they are the rightful owner of the property and (2) that the person currently occupying the property does not have permission to do so. If a court finds in favor of the property owner, it will issue an order for the occupant to vacate the property. If they refuse to leave, the property owner can have the individual removed from the property by law enforcement.

What Is an Eviction?

An eviction is a legal process through which a landlord removes a tenant from a rental unit. Under Florida’s landlord-tenant law, a landlord can only evict a tenant for specific reasons. This may include failure to pay rent, intentionally damaging the property, or otherwise violating the terms of the lease.

Eviction is a formal legal process that starts with the landlord giving the tenant notice. Depending on the violation, the tenant may be able to cure or fix the issue. The landlord can file an eviction lawsuit if the tenant does not cure the violation (such as by paying back rent).

In Florida, it is illegal for a landlord to evict a tenant without going through the court process. Landlords must give proper notice and then go to court to seek an eviction order if the tenant does not fix the issue or move out voluntarily. With an eviction order, known as a writ of possession, a landlord can ask local law enforcement to remove a tenant from the property.

What Is an Unlawful Detainer Action?

An unlawful detainer is very similar to an ejectment action in that a property owner seeks to recover possession of a property from an unwanted occupant. The major difference between the two types of actions is that with an unlawful detainer, the other person cannot claim that they have any legal or equitable interest in the property. This situation often arises when a person allows a friend, romantic partner, or family member to move in with them.

For example, consider a situation where you have been dating someone for a few months before they lost their job. You allow them to move into your house to give them time to get back on their feet. They won’t even look for work or contribute to the bills or housework, so you ask them to leave - but they refuse. You will need to file an unlawful detainer action because there is no landlord-tenant relationship, and they don’t otherwise have any claim to the property.

To win an unlawful detainer action, you will need to prove that you have a legal right to reside in your home (as the owner or legal tenant), the person you are trying to remove does not have a legal right to resident in the home, and there is no agreement for rent between you and the other person. As with ejectment and eviction, you must go through the legal process to remove the other person from your home. If you win the lawsuit, then the court will issue a writ of possession that can be served by law enforcement.

Should I File an Ejectment, Eviction, or Unlawful Detainer Lawsuit?

If you own property and want to remove a person from it, you may not be certain what your best option is - an ejectment, an eviction, or an unlawful detainer. Here is a general guideline for when each process should be used:

Eviction: the unwanted occupant has an oral or written lease and violates a material term of the lease. There is a landlord-tenant relationship.
Ejectment: the unwanted occupant claims some sort of right to or interest in the property. They may have a lease, but it has ended, and they refused to vacate.
Unlawful detainer: the unwanted occupant has no lease or right to the property. There is no landlord-tenant relationship.

For landlords, the most commonly used choice is an eviction proceeding. This is the method through which property owners evict tenants who have violated their lease in some way. Evictions typically take far less time than an ejectment and are usually the right choice for a landlord.

If a tenant overstays their lease, then an ejectment may be the most appropriate option if they are claiming some sort of right to the property. If there was never any sort of rental agreement, then you must file an unlawful detainer action.

These legal processes - particularly ejectments - can be costly and time-consuming. The best way to avoid a legal headache is by being proactive regarding your property. A Tampa property management company can ensure your tenants comply with the lease or face quick action for violations. Using a property manager can avoid the more expensive and uncertain situation of having to file an ejectment action to remove a tenant who stays after their lease has ended.

Stress-Free Property Management with Eaton Realty

In an ideal world, if you didn’t want someone to live on your property, they would just leave when you asked them to do so. Unfortunately, people aren’t always cooperative when vacating a property voluntarily. Depending on the situation and their status, you may have to file an ejectment, eviction, or unlawful detainer action to remove them.

Eaton Realty is a Tampa property management company that works with property investors and landlords in Hillsborough County. We understand that the best approach to potential problem tenants is a proactive one, so we work hard to stay on top of what is happening with our client’s properties - and to address issues before they become more costly legal problems. We help our clients maximize profits for each property we manage while minimizing stress.

To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.

Daniel Rothrock

Director of Property Mgmt., MPM

Daniel is the Director of Property Management at Eaton Realty. He is a Master Property Manager, which is the highest level of recognition you can receive in the field. When he's not covering property management developments and insights on the Eaton blog or managing Eaton's property management team, Daniel can be found serving as the Southeast Regional Vice President/Ambassador for the National Association of Residential Property Managers. You can find Daniel on LinkedIn.