Ejectments, Evictions and Unlawful Detainers
When the Right to Possess Property Is Disputed, Using the Correct Legal Process Matters.
Property-possession disputes can become stressful quickly. A tenant may stop paying rent, a lease may end and the occupant may refuse to leave, or someone who was allowed to stay on property may later claim a right to remain.
Florida law provides different legal actions for different possession disputes. An eviction, unlawful detainer, and ejectment are not interchangeable. Choosing the wrong procedure can create delay, additional expense, or dismissal.
Hilliman Legal Solutions helps property owners, landlords, businesses, and other parties evaluate the relationship between the parties, the claimed right to possession, and the legal procedure that fits the facts.
Call (855) 994-4805 today to schedule a consultation.
Property-Possession Matters We Handle
- Residential and commercial evictions
- Nonpayment and lease-violation possession claims
- Holdover occupants
- Unlawful detainer actions
- Ejectment actions
- Defense of possession claims
What Is an Eviction?
An eviction generally involves a landlord-tenant relationship. Common disputes include unpaid rent, lease violations, expiration or termination of a tenancy, and other circumstances in which a landlord seeks possession through Florida’s statutory process.
Notice and procedural requirements matter. A landlord should not assume that changing locks, shutting off utilities, removing property, or using other self-help measures is an acceptable substitute for the legal process.
What Is an Unlawful Detainer?
An unlawful detainer may apply when a person is occupying property without a landlord-tenant relationship and the person entitled to possession seeks to recover the property. A common example is an occupant who originally had permission to stay but refuses to leave after that permission has been withdrawn.
The precise facts matter because an informal arrangement may still raise questions about rent, tenancy, ownership, or another claimed right to possession.
What Is an Ejectment?
An ejectment action generally concerns the right to possession of real property when the dispute involves a claimed ownership, title, or other legal interest rather than a traditional landlord-tenant relationship.
These cases can be more complex because the court may need to determine competing rights to the property rather than simply whether a tenant violated a lease.
Which Florida Possession Action Applies?
The label the parties use does not control. The legal relationship and the claimed basis for possession do. Before filing, we evaluate whether there is a landlord-tenant relationship, whether rent was paid, whether permission to occupy was given and revoked, and whether anyone claims an ownership or other legal interest in the property.
Starting with the correct cause of action can reduce avoidable delay and procedural disputes.
Landlords, Property Owners, and Businesses
Hilliman Legal Solutions assists with possession disputes involving unpaid rent, lease violations, holdover occupants, former occupants, commercial property, and other circumstances where a client seeks to recover possession.
Defending Possession Claims
A person or business served with an eviction, ejectment, or unlawful detainer action should not ignore the papers. Possession cases can move quickly, and the appropriate response depends on the allegations, the legal relationship, and the type of action filed.
What Should You Do When a Possession Dispute Begins?
Preserve the lease, payment records, notices, text messages, emails, deeds, agreements, and communications concerning why the occupant entered the property and why possession is now disputed.
Do not rely on self-help or assumptions about which lawsuit applies. Reviewing the facts and documents at the beginning can prevent a much longer procedural problem later.
Handling Life Situations
A possession dispute is rarely just about a set of keys. It may affect housing, rental income, property rights, business operations, and family relationships. Hilliman Legal Solutions focuses on the correct legal process while understanding the practical result the client needs.
Speak With a Florida Eviction, Ejectment & Unlawful Detainer Attorney Today
A possession dispute can affect property rights, rental income, business operations, housing, and family relationships.
If you need to regain possession of property or have been served with a possession action, contact Hilliman Legal Solutions. We’ll review the circumstances, identify the legal issues, and help you determine the appropriate path forward.
Call (855) 994-4805 today to schedule a consultation.
Frequently Asked Questions
What is the difference between an eviction and an ejectment?
An eviction generally arises from a landlord-tenant relationship. An ejectment generally involves possession where ownership, title, or another claimed legal interest may be at issue. The correct action depends on the facts and the parties’ legal relationship.
When is an unlawful detainer used?
An unlawful detainer may apply when a person occupies property without a landlord-tenant relationship and no longer has permission or another right to remain. The specific facts should be reviewed before choosing the cause of action.
Can a landlord simply change the locks or shut off utilities?
Florida law limits landlord self-help. A landlord should use the legally required process for recovering possession rather than assume that locks, utilities, or removal of property can be used to force an occupant out.
When should I contact an attorney about a possession dispute?
You should contact an attorney promptly when an occupant refuses to leave, a lease or notice issue may affect the right to possession, ownership or title is disputed, or you have been served with an eviction, ejectment, or unlawful detainer action. These matters can involve short response periods and procedure-specific requirements.