So You've Got a Squatter? How to Evict the Unwelcome Guest (Florida Style)
Let's face it, Florida is full of sunshine and surprises. Sometimes those surprises come in the form of unwelcome guests who decide your spare room is their new digs. But fear not, fellow Sunshine Stater! This here guide will be your roadmap to reclaiming your property through the glorious process of an ejectment lawsuit (eviction is for mere amateurs).
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| How Do I File An Ejectment In Florida |
First Things First: Friend or Foe?
Before you lawyer up and unleash the fury of the court system, take a deep breath, Sonny. Is this a squatter who snuck in while you were on vacation? A freeloading friend who's worn out their welcome? A rogue alligator who fancies your pool a five-star resort? (Okay, that last one might be a wildlife removal situation, but you get the idea).
Understanding your situation is key. If it's a tenant with a lease, this ain't ejectment territory. Head on over to eviction procedures, my friend. But if you've got a freeloader who never signed a lease and seems to be developing an unhealthy attachment to your beanbag chair, then keep on reading!
Round Up Your Evidence, Sherlock
Ejectment is basically a fancy way of saying, "This is my property, and you gotta scoot!" But courts like proof, people! Gather your evidence of ownership, like a deed or property tax receipt. Think of it as your eviction eviction party invitation – gotta show you're the rightful host.
Pro Tip: Having a paper trail of requesting the unwanted guest to leave is a good idea too. Shows the court you tried the nice guy route first.
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Suit Up! (Not Literally, Though a Hawaiian Shirt is Optional)
Alright, time to head to the circuit court in the county where your property resides. Here's where things get official. You'll need to file a complaint for ejectment, which basically tells the court your sob story (with legal jargon, of course). Don't forget to attach your chain of title (think family tree of ownership for your property) as proof.
And yes, there will be fees. Filing fees, service of process fees – consider it the unwelcome guest's unwelcome exit tax.
The Waiting Game (with Hopefully Not Too Much Waiting)
The defendant (the unwanted guest) gets a chance to respond to your fancy lawsuit. This usually involves a summons delivered by the sheriff – kind of like a formal eviction notice from the court itself. The defendant then has a set amount of time to fight back (or, more likely, realize they're toast).
If they don't respond, you might be able to score a default judgment, which basically hands you the eviction trophy. But if they do respond, then buckle up for some court dates.
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Eviction Day! (Hopefully without Fireworks)
If the court rules in your favor, you'll get a writ of possession, which is basically an eviction order with some legal muscle behind it. This lovely document gets delivered to the sheriff, who then shows up at your property and politely (or perhaps not-so-politely) removes the unwelcome guest.
Voila! Your property is yours once again! Now you can celebrate with a real eviction party (complete with actual invited guests this time).
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Ejectment FAQ
How to Know if I Need an Ejectment vs. Eviction?
An ejectment is for someone who doesn't have a lease or other legal right to be on your property. Eviction is for tenants who have broken their lease agreement.
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How Much Does an Ejectment Cost?
There are filing fees, service of process fees, and potentially lawyer fees. The total cost can vary.
How Long Does an Ejectment Take?
It depends on if the defendant fights back in court. It could be a few weeks or a few months.
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Can I File an Ejectment Myself?
You can, but it's recommended to consult with a lawyer to ensure you do things correctly.
What Happens if the Unwanted Guest Doesn't Leave After the Writ of Possession?
The sheriff will remove them by force, if necessary.
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