Unlawful Detainer Attorney Orlando Florida
Of all the unique legal situations I have encountered in my career, a narrow and rarely used form of eviction in Orlando is Unlawful Detainer Orlando Florida. Technically speaking, unlawful detainer is not an eviction, it is a separate action. Nevertheless, it is often confused with an eviction and appears to people renting to those with an unlawful detainer on their record, as though it is a severe form of an eviction. You can get help with your case. Jonathan Jacobs is an unlawful detainer attorney Orlando Florida.
Unlawful detainer actions are narrowly-focused because they apply only to specific factual situations. The facts must be in the favor of the plaintiff seeking to evict the person/defendant staying in or essentially squatting in their home once consent has been revoked.
Unlawful Detainer and Eviction
The criteria for a plaintiff seeking to remove/oust a person from their home are:
1. The plaintiff in an unlawful detainer Orlando Florida action must have a legal right to live in the home. For instance, the plaintiff may be either the true owner, or the lawful tenant by contract/lease agreement. A lease agreement will specify the terms and nature of the tenancy and sub-tenancy (if any).
- It follows logically that the person the owner or tenant seeks to have thrown out of the residence, must not have a legal right to live in the house. For example, the person the plaintiff intends to remove must not be a co-tenant or a co-owner of the home. If they are a co-tenant or a co-owner, an eviction action or perhaps an ejectment action (if title needs to be quieted, etc.) is the proper remedy.
- If there is evidence of a landlord-tenant agreement, either verbally or by way of a written agreement/contract between the litigants, an unlawful detainer Orlando Florida case will likely fail unless uncontested and a default judgment is granted, albeit potentially erroneously and subject to appeal or vacation of a writ for possession. There is a narrow window of approximately thirty days to appeal an unlawful detainer verdict. Moreover, it is important to note than an unlawful detainer judgment goes on a person’s record and looks an awful lot like a nasty form of an eviction to potential future landlords.
Unlawful Detainer Orlando Florida
Ask an unlawful detainer attorney Orlando Florida for more information on F.S. 82.04, the Florida Unlawful Detainer Statute. An unlawful detainer Orlando Florida pleading should include the dates of possession, the time line of the plaintiff’s revocation of consent for the defendant’s stay at the residence, and the defendant must refuse to leave. Therefore, notice to the defendant is critical. A plaintiff cannot unilaterally throw someone out just because the mood strikes them, unless the other person leaves voluntarily. Jonathan Jacobs helps a great deal of landlord tenant clients that are caught up in eviction and unlawful detainer actions. Call Jonathan, an unlawful detainer Attorney Orlando Florida today to ask about your rights. For more information on eviction and landlord tenant law, check out some of our blog articles: Landlord-tenant disputes, mold in your apartment, commercial leases, commercial real estate, small claims in Orlando. Civil litigation can be time consuming and expensive, but it may be your only option as either a plaintiff or a defendant. You may have confidence the Jacobs Law Firm will help you resolve your case.