Question 1

What is unlawful detainer under Florida law?

Accepted Answer

FL unlawful detainer: governed by Section 82.01 et seq. The statute: provides a summary proceeding to recover possession of real property from a person who entered lawfully but whose right to remain has ended. Distinction from ejectment: unlawful detainer (the defendant entered lawfully but their right terminated: expired lease, revoked license), and ejectment (the defendant entered unlawfully from the beginning: trespass, squatting). The proceeding: is faster than ejectment because it is a summary proceeding (limited issues, expedited timeline). The plaintiff: must prove: lawful entry by the defendant, termination of the defendant’s right to possess, and the defendant’s refusal to vacate after demand.

Question 2

What is the relationship between unlawful detainer and Chapter 83 evictions in Florida?

Accepted Answer

Relationship: Chapter 83 (FL Residential Landlord Tenant Act): governs evictions of residential tenants (specific notice requirements, cure periods, and tenant protections). Unlawful detainer (Section 82.01): a separate proceeding for people whose right to occupy has terminated (not necessarily a landlord-tenant situation). Use Chapter 83 when: there is a current landlord-tenant relationship and the tenant has breached the lease. Use unlawful detainer when: the occupant’s right to possess has completely terminated (expired license, revoked permission, or post-sale occupancy). Some overlap: a holdover tenant can be removed under either Chapter 83 or unlawful detainer.

Question 3

What damages are available in a Florida unlawful detainer action?

Accepted Answer

Damages: possession (the primary remedy: the court orders the defendant to vacate), rent/use and occupancy (the plaintiff can recover the reasonable rental value of the property for the period of unlawful occupation), property damage (if the defendant damaged the property during the unlawful occupation), and attorney fees (if the lease provides for attorney fees; otherwise: each party pays their own). The writ of possession: is enforced by the county sheriff (the sheriff posts a 24-hour notice on the property; if the defendant does not vacate: the sheriff physically removes the defendant and their belongings).

Unlawful Detainer: in Florida

Florida Unlawful Detainer (Section 82.01)

When to Use

vs. Other Actions

Damages

Related Terms

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