Question 1

How do you file an unlawful detainer action in Florida?

Accepted Answer

FL filing: the property owner files a complaint for unlawful detainer in the county court (if the amount in controversy is $50,000 or less) or circuit court (if the amount exceeds $50,000). The complaint: must allege: the plaintiff’s ownership or right to possession, a description of the property, the defendant’s occupation of the property, the basis for the defendant’s unlawful presence (expired lease, no permission, post-foreclosure), and a demand for possession and damages. Service: the complaint must be served on the defendant (personal service or substituted service).

Question 2

What is the timeline for a Florida unlawful detainer action?

Accepted Answer

Timeline: complaint filing (the plaintiff files the complaint and summons), service of process (the defendant must be served; if personal service is not possible: substituted service or service by publication), defendant’s response (the defendant has 5 days to respond if served personally; 20 days for other service methods), hearing (if the defendant does not respond: the plaintiff can seek a default judgment; if the defendant responds: the court sets a hearing), and writ of possession (if the plaintiff prevails: the court issues a writ of possession; the sheriff executes the writ and removes the defendant from the property). Total time: as fast as 2-3 weeks if uncontested; longer if the defendant contests.

Question 3

What defenses can be raised in a Florida unlawful detainer action?

Accepted Answer

Defenses: right to possession (the defendant claims a valid lease, easement, or other legal right to occupy), improper notice (the plaintiff failed to give proper notice before filing), ownership dispute (the defendant challenges the plaintiff’s ownership or right to possession), adverse possession (the defendant claims ownership through adverse possession; rare and difficult to prove), and equitable defenses (the plaintiff’s conduct was inequitable: e.g., accepting rent after the lease expired creates a new tenancy). The defendant: bears the burden of proving affirmative defenses.

Unlawful Detainer Action

Florida Unlawful Detainer Actions

Filing

Timeline

Defenses

Related Terms

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