What Is Ejectment?
Ejectment is a legal action filed in Florida circuit court to recover possession of real property from a person who occupies it without legal right. It is the proper remedy when the occupant is not a tenant and no landlord-tenant relationship exists, distinguishing it from a standard eviction action.
When Ejectment Is Used
- A person remains on property after a purchase contract fails or is rescinded
- A former family member refuses to vacate property they do not own
- A squatter or trespasser occupies vacant property
- An individual remains on property after the owner's death without legal authority
- A business partner refuses to surrender possession after a partnership dissolves
Florida Ejectment Procedure
Ejectment actions are governed by Chapter 66, Florida Statutes and follow standard civil litigation procedures:
- Filing: The plaintiff files a complaint in circuit court describing their ownership interest and the defendant's unlawful possession
- Service: The defendant is served with the lawsuit and has 20 days to respond
- Default: If the defendant does not respond, the court may enter a default judgment and writ of possession
- Trial: If contested, the case proceeds through discovery, motions, and trial
- Writ of possession: If the plaintiff prevails, the court issues a writ directing the sheriff to remove the occupant
Ejectment vs. Eviction
The two remedies serve different situations:
- Eviction (Chapter 83): Removes a tenant; filed in county court; expedited procedures
- Ejectment (Chapter 66): Removes a non-tenant; filed in circuit court; standard civil procedures
Related Terms
- Encroachment — When a structure extends onto another's property
- Easement by Prescription — Adverse use that may create property rights
- Equity — The ownership interest at stake in property disputes
Barnes Walker Property Recovery
Barnes Walker's litigation attorneys file ejectment actions in Florida circuit courts to recover property from unauthorized occupants, trespassers, and holdover possessors. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC