Unlawful Detainer vs. Eviction

Unlawful detainer (Chapter 82 of the Florida Statutes) is used to remove family members and guests from your residence—anyone who is not an owner or a 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.

How Long Does an Unlawful Detainer Case Take?

The process generally takes around 30 days, heavily depending on the court schedule. A recent Unlawful Detainer case I handled in Collier County moved from filing to the execution of the writ of possession in just 22 days. Under Florida law, both evictions and unlawful detainer cases qualify for expedited summary court procedures.

Squatter's Rights vs. Property Rights

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 and Going to Court

Once the case is filed, the Clerk issues a summons. Because my office is local, I personally deliver the summons and complaint to the sheriff for quick service. 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 days to file a response. If a response is submitted, a hearing is scheduled where both parties present testimony regarding who possesses a superior right to the property.

Executing the Writ of Possession

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.

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