Unlawful Detainer Lawyer Naples Florida: Remove Non-Tenant Guests & Squatters
Updated August 13, 2026 | 4.9 stars from 75 Google reviews
I personally handle every part of your case — start to finish. No paralegal, no associate, no assistant. From the first phone call, email, or text message you send me, through drafting the complaint and summons, to the filing in court and the delivery of paperwork to the Sheriff's Office, I am the one doing the work. When you call, you get me. When you have a question, I answer it. There is no delegation to non-attorney staff at any stage of your unlawful detainer case.
Unlawful Detainer vs. Eviction in Naples, FL
Unlawful detainer (Chapter 82 of the Florida Statutes) is used to remove family members, guests, or unauthorized occupants from your residence—anyone who is not an owner or a tenant. This includes situations such as removing a family member who is not on the deed or lease, removing a friend or guest who will not leave, or removing an ex-girlfriend or ex-boyfriend who is not an owner or tenant. Eviction (Chapter 83 of the Florida Statutes) is used strictly to remove tenants. If a person entered your home with a promise to pay rent (even if they never actually paid), it is considered a tenancy. However, if you simply allowed someone to stay, they are likely a guest, making an unlawful detainer the correct legal remedy. Unlike an eviction, an unlawful detainer does not require giving a 3-day or 7-day notice to the individual prior to filing the complaint in court.
| Feature | Unlawful Detainer (Ch. 82) | Eviction (Ch. 83) |
|---|---|---|
| Who it applies to | Family members, guests, ex-partners, squatters — anyone with no lease or rent agreement | Tenants with a lease or an agreement to pay rent |
| Notice required before filing | None | 3-day or 7-day notice, depending on the violation |
| Typical timeline in Collier County | About 30 days from filing to writ execution | Varies; generally similar summary procedure once notice period expires |
| Governing law | Florida Statutes Chapter 82 | Florida Statutes Chapter 83 |
How Long Does an Unlawful Detainer Case Take in Collier County?
The process generally takes about 30 days from initial filing to execution of the writ of possession, depending heavily on the court schedule. Under Florida law, both evictions and unlawful detainer cases qualify for expedited summary court procedures under F.S. § 51.011.
Squatter's Rights vs. Property Rights in Florida
If individuals are living on your property whom you did not authorize, the local sheriff's department will often label the dispute a "civil matter" rather than a criminal trespass. To remove squatters legally in Florida, an owner must file an unlawful detainer action rather than a standard landlord-tenant eviction.
The Legal Process & Direct Courthouse Filings
Once the case is filed, the Clerk issues a summons. Because my office is located at 2641 Airport Road South—just 0.3 miles from the Collier County Courthouse—I personally hand-deliver the summons and complaint directly to the civil process of the Sheriff's Office, which is not at the courthouse but on Horseshoe Drive. If the individual cannot be reached in person after multiple attempts, the sheriff is legally permitted to post the papers directly onto the door, giving the court proper in rem jurisdiction over the property. The defendant then has 5 business days to file a response. If a response is submitted, a hearing is scheduled before a Collier County judge where both parties present testimony regarding who possesses a superior right to the property.
Executing the Writ of Possession in Collier County
After securing a judgment, I monitor the Clerk's portal until the final order is visible. I then file for and physically deliver the writ of possession straight to the sheriff's civil process window. The sheriff will post a final 24-hour warning notice on the property before executing the writ and restoring full control to you.
Frequently Asked Questions About Unlawful Detainer in Naples, FL
What does an unlawful detainer lawyer in Naples, Florida do?
An unlawful detainer attorney in Naples represents property owners seeking to remove guests, family members, former romantic partners, or squatters who refuse to leave and do not have a lease or agreement to pay rent.
What is the difference between an eviction and an unlawful detainer in Florida?
An eviction (Chapter 83) applies strictly when a landlord-tenant relationship exists with an agreement to pay rent. An unlawful detainer (Chapter 82) applies when the occupant is a guest, family member, ex-partner, or squatter who never had an agreement to pay rent.
How long does an unlawful detainer take in Collier County, FL?
Unlawful detainer cases follow Florida summary procedure. In Collier County, an efficiently processed case typically takes about 30 days from initial filing to execution of the writ of possession by the sheriff.
Do I need to give notice before filing an unlawful detainer in Naples, FL?
No. Florida Statute Chapter 82 does not require serving a 3-day, 7-day, or 15-day notice prior to filing an unlawful detainer lawsuit. Once you verbally revoke permission for the guest to stay, you can immediately file in county court.
Will a paralegal or assistant handle my case?
No. Attorney Dominick Russo personally handles every stage of the case — from the initial phone call, email, or text message, through drafting the complaint and summons, filing in court, and delivering paperwork to the Sheriff's Office. There is no delegation to non-attorney staff.
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