Ejectment Actions for Property Possession Recovery in Florida
An ejectment action is a Florida circuit court lawsuit used to recover possession of real property from a person who occupies it without legal right. This remedy applies when no landlord-tenant relationship exists, making it distinct from a standard eviction proceeding under Chapter 83, Florida Statutes.
Elements the Plaintiff Must Prove
To succeed in a Florida ejectment action under Chapter 66, Florida Statutes, the plaintiff must establish:
- Title or superior right: The plaintiff holds legal title or a right to possession that is superior to the defendant's claim
- Defendant's possession: The defendant is currently occupying the property
- No legal right: The defendant has no valid legal basis to remain on the property
Recoverable Damages
Beyond recovering possession, the plaintiff may also seek:
- Mesne profits: The fair rental value of the property during the period of unlawful occupation
- Property damage: Compensation for any damage the defendant caused to the property
- Attorney fees: Recoverable if a contractual or statutory fee provision applies
- Court costs: Filing fees, service costs, and other litigation expenses
Common Defenses
- Claim of ownership: The defendant asserts they hold legal title
- Adverse possession: The defendant claims title through continuous, open, hostile possession
- Equitable interest: A constructive or resulting trust gives the defendant a right to the property
- Easement or license: The defendant has a recorded or implied right to use the property
- Estoppel: The plaintiff made representations the defendant reasonably relied upon
Related Terms
- Encroachment — Physical intrusion onto another's property
- Equitable Title — Beneficial interest in property
- Equity — Ownership interest in real property
Barnes Walker Property Recovery
Barnes Walker's litigation attorneys handle ejectment actions throughout Southwest Florida, recovering property from unauthorized occupants and defending property owners against wrongful possession claims. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC