An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Florida General Form of Complaint, Petition, or Declaration for Ejectment
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FAQ
All state laws can vary, but usually an eviction is used to kick out a tenant, and lower courts handle it. An ejectment action usually is where ownership of land is in question, and the court must declare who is the owner. Only a higher court can do this, the higher the court the more crowded its docket.
Yes, in an ejectment action, the plaintiff may be entitled to recover damages for the wrongful possession of the property. Damages may include rent or fair rental value, as well as any other loss suffered due to the wrongful possession, ing to Florida Statutes §66.041.
Initial Filing Fees Filing TypeCostTenant eviction with no damages (Non-Monetary)$185Tenant eviction with damages up to $15,000$300Tenant eviction with damages more than $15,000, up to $30,000$400Tenant eviction with Distress for Rent writ$270
Ejectment Process in Florida Once the default is entered by the court, a final judgment will be issued by the court ordering the person to leave the premises. If they do not leave the home, then a writ of possession will be issued to the sheriff and they will come to the premises and remove the person for you.
When filing an ejectment lawsuit, one will have to pay the filing fee, which is $400.00, a summons issuance fee of $10.00 per defendant and a service of process fee to the process server.
File an ejectment lawsuit. The lawsuit must be filed in circuit court, in the county where the property is located. You must attach proof of ownership to the complaint, such as a deed. You must state how you acquired ownership of the property, which is also called the ?chain of title?.
What are the differences between ejectments and evictions in Florida. Unlike an eviction there is no pre-suit notice required in an ejectment. But the property owner is not precluded from making such demand in an effort to amicably resolve the situation prior to filing suit.
Ejectment is a circuit court lawsuit filed pursuant to Florida Statute Chapter 66, to request that another person leave your property when they incorrectly claim title to that property. READ ALL OF THE INFORMATION AND INSTRUCTIONS BEFORE COMPLETING THE FORMS AND SUBMITTING THEM FOR FILING.