Understanding the Florida Ejectment Process: A Legal Guide for Property Owners

Generally, the ownership of properties in Florida presents a wide array of opportunities for investment and financial growth in the future. However, in some instances, a property owner may be forced into legal battles with the person occupying their property.

An ejectment is different than an eviction in that an ejectment is also a trial over who owns the property.   This is a much more complicated law suit and requires a  Real Esate Lawyer

Step-By-Step Process

There are a number of legal steps that must be followed carefully during the ejectment process.

The first step is for the property owner to file a complaint in court asking for the court to rule upon who owns the property and also to remove the person wrongfully occupying the property.

This complaint must have proof of ownership and an explanation of why the person living there has no legal right to stay on the property.

1. Serving the Defendant

The person who filed the complaint must formally serve the occupant (defendant) with legal papers that let them know about the lawsuit.

This step gives the defendant a chance to respond to the claims.

2. The defendant's answer

Once served, the defendant has 20 days to file an answer to the Plaintiff’’s complaint showing that they have an ownership interest in the property and thus a right to live there against the plaintiff’s will.

3. Trial

If there are no disputed facts, the case may be decided on summary judgment.  However,  if there are facts in dispute, the case will have to go to trial.  This will take some time.

4. Court Decision and Writ of Possession

If the court makes a ruling in favor of the plaintiff,  the court will enter a judgment that the defendant has no ownership interest in the property and directing the county sheriff to remove the defendant from the property by force.

Challenges Property Owners May Face During the Ejectment Process

The Florida ejectment process is quite complex, and the process could become even more complicated in case the defendant contests the case, raising several issues of law.

The challenges faced by the defendant may include:

●     Disputes regarding the title of the property

●     Adverse possession

●     Disputed probate or divorce

●     Defective deeds

●     Partnership agreements

●     Purchase agreements or option contracts

Conclusion

The legal team at Broward Landlord understands the problems faced by the owner in the case disputed title and are dedicated to helping the owner successfully navigate the Florida ejectment process.

If you are having a problem regarding the possession of your real estate property, seeking advice from a reliable and experienced real estate lawyer in Coral Springs, Florida, at Broward Landlord will surely guide you in taking the right step in solving your problem.

FAQs

Q1. How long does the ejection process take?

Ans. Depending on how complicated the case is and whether the defendant disagrees with the claim, the timeline can be anywhere from a few months to a few years.

Q2. How is ejection different from evicting?

Ans. Eviction is used when there is a rental agreement between the landlord and tenant, while ejectment is used when the person living in the property claims an ownership interest.

Q3. What kind of proof is required for the case?

Ans. The following proof is required: property deed, title records, and other legal documents that show they are the rightful owners.

Q4. What happens if the occupant refuses to leave even after court orders?

Ans. If the court will issue a writ of possession directing the county sheriff to remove the person in wrongful possession by force.