Florida Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights

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US-02222BG
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Description

Unlawful detention in the real property context means keeping possession of real property without a right, such as after a lease has expired. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Possible defenses by the occupant or tenant include: The failure of the owner or landlord to make the proper repairs to the property. Improper service of the complaint or notice. A defective notice. ... Not complying with the requirements of the unlawful detainer or eviction statutes. Actual payment of the rent that is due.

(1) ?Forcible entry? means entering into and taking possession of real property with force, in a manner that is not peaceable, easy, or open, even if such entry is authorized by a person entitled to possession of the real property and the possession is only temporary or applies only to a portion of the real property.

Generally, the eviction process is used if the property owner has a lease with a tenant. Unlawful detainers are used when there is no lease.

The person you are trying to remove does not have a legal right to reside in your home (they are not an owner or a legal tenant), and. There is no agreement for rent (verbal or written) between you and the person you are trying to remove.

(4) ?Unlawful detention? means possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person.

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.

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Florida Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights