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A forcible detainer is where a person enters lawfully or peaceably, and holds unlawfully, and by any of the means enumerated in § 29-18-102 as constituting a forcible entry.
In many cases, an individual files an unlawful detainer lawsuit against a family member, friend, or romantic partner. A Florida tenant who loses an unlawful detainer case can appeal. If the tenant loses the appeal, they must vacate the premises.
Generally, the eviction process is used if the property owner has a lease with a tenant. Unlawful detainers are used when there is no lease.
(1) ?Forcible entry? means entering into and taking possession of real property with force, in a manner that is not peaceable, easy, or open, even if such entry is authorized by a person entitled to possession of the real property and the possession is only temporary or applies only to a portion of the real property.
How long does an unlawful detainer take in Florida? The minimum amount of time for your unlawful detainer case to be resolved is approximately 4 weeks and likely will take longer. For that rare timeframe to occur, everything must be in the plaintiff's favor and the court must act swiftly.
1) YOU ARE TRYING TO REMOVE SOMEONE FROM YOUR HOME, and . 4) THERE IS NO AGREEMENT FOR RENT (VERBAL OR IN WRITING) BETWEEN YOU AND THE PERSON YOU ARE TRYING TO REMOVE. Unlawful Detainer is a county court lawsuit, filed pursuant to Florida Statute, to request that another person be ordered to leave your property.