What is the correct cause of action to recover possession of your real property ?
Occupant pays in money or services for the exclusive possession of the premises - Eviction
Occupant does not pay anything for for possession of the premises, does not necessarily have their own room. Is a guest, friend, or relative - Unlawful Detainer
Occupant has some claim of ownership to the premises. i.e. purchase contract, option, inheritance, spouse of owner: Ejectment
EVICTIONS
A lawsuit for possession of real property and damages, costs, and attorney’s fees. Evictions are filed in the County Court of the county where the property is located. The first step is to terminate the tenancy.
BEWARE OF THE SERVICES OF NON ATTORNEYS
There a many non-attorney entities advertising low cost eviction services on the internet. It is illegal for a non-attorney to do anything more than fill in the blanks on Florida Bar approved forms. A non-attorney can not file motions in a contested case. A non-attorney can not represent you in any way. If the judge rules against you, you may be ordered to pay the tenant's attorneys fees and court costs. A corporation or an LLC is required to use an attorney in all cases.
UNLAWFUL DETAINER
A lawsuit for possession against a non-tenant. Filed in the county Court where the property is located. Damages are sometimes awarded, costs are recoverable, attorneys fees are not.
EJECTMENT
A law suit for possession and to determine ownership. Any time an occupant of a dwelling unit has a claim to ownership of the property, you will have to file an ejectment in Circuit Court to remove such person. This is not a summary proceeding. The defendant will have 20 days to file a responsive pleading. The case will take many months.
What constitutes a claim of ownership? A contract to purchase the property. An option to purchase the property. Even if said contracts/options have expired. A claim to the property in probate. spousal rights under Florida homestead.
BACKGROUND CHECK
Proper resident screening protects everyone in your community. Screening Reports, Inc. provides comprehensive, accurate and cost-effective credit, criminal and eviction background research. Landlords should run a screening report on all applicants. Our screening algorithm complies with HUD guidelines and shields the landlord from allegations of discrimination.
Florida Law requires landlords to run a background check on any employee with access to the tenant’s rental property.
oRDER A TENANT SCREENING /EMPLOYEE BACKGROUND CHECK
CREDIT REPORTING
Our friends at the Landlord Protection Agency offer a credit reporting service to report tenant debt to credit bureaus. For more information click here. Note that the LPA is not affiliated with this website or Alexander Patrick Johnson PL.
SPECIFIC PRFORMANCE/ BREACH OF CONTRACT / INTERPLEADER
If your closings falls through and the parties are not able to agree on the disposition of the buyer’s deposit, the parties can file suit for breach of contract or for specific performance to enforce the contract. The escrow agent may also file an interpleader, transferring the deposit from their escrow to the Court Registry.
CLOSINGS
Using an attorney for your real estate closing can eliminate both the need for a title company and for a realtor. Click here to lean more