The absence of a written lease does not determine the correct remedy. We review the occupancy history, rental relationship, and any ownership claim before recommending eviction, unlawful detainer, or another lawful procedure. Alejandro L. Sixto, Esq., oversees legal representation for property owners.
Unlawful detainer is a court action under Florida Statute Chapter 82 used to remove an occupant who has no legal right to possess the property and refuses to leave. It may apply when no landlord-tenant relationship exists. An oral rental agreement can still create a tenancy.
The appropriate procedure depends on the facts. Attorney Alejandro L. Sixto reviews the occupancy arrangement and available documents before recommending a possession action. Choosing the wrong procedure can cause delay or dismissal.
For squatter and unauthorized occupant cases in Miami-Dade, see our Miami eviction attorney page or call (305) 401-0424.
FLA Evictions handles unlawful detainer cases throughout Miami-Dade County, Broward County, and statewide Florida. We represent property owners only. We never represent occupants or tenants.
The facts of your situation determine the correct action. A wrong choice can cause delay or dismissal.
Facts we review include whether the occupant:
Facts we review include whether the occupant:
See our eviction FAQ and how to evict a tenant in Florida guide.
A guest or family member may remain after permission to stay ends. We review rental arrangements, ownership claims, and any family-court orders before selecting a remedy.
Housing tied to employment requires review of the employment and occupancy agreements. Ending employment does not by itself establish which possession procedure applies.
Unauthorized occupancy may call for a court action or a limited statutory removal procedure. We check eligibility and the occupant's history before recommending either route.
You purchased a property and the former owner refuses to vacate after closing. Depending on the contract terms, unlawful detainer may be the appropriate action to recover possession.
After a foreclosure sale, the prior owner or occupant remains in the property. The new owner needs to recover possession through the appropriate court action in Miami-Dade or Broward.
Call us. The facts of your situation determine whether Chapter 82 or Chapter 83 is correct. Filing under the wrong statute wastes time and money. We assess the situation before we file.
We first confirm that a Chapter 82 action fits the occupancy facts, then explain the filing, service, and possession steps.
We review occupancy history, agreements, payments, title documents, and existing court cases to identify the appropriate procedure.
Section 82.03(1) does not require advance notification before filing a Chapter 82 action. We still confirm the right to possession and whether another procedure or agreement applies.
After document review and confirmation of the agreed scope, the attorney files in the court with jurisdiction over the selected action. Court and service requirements depend on the claim.
The summons and complaint are served on the occupant by the sheriff or certified process server. The occupant has a set number of days to respond to the court.
After service, the attorney reviews the response deadline and court record before seeking default or preparing for contested proceedings. Relief depends on the facts and court orders.
After the court enters judgment in the property owner's favor, we obtain the Writ of Possession. The sheriff executes the writ, removes the occupant, and returns lawful possession to you.
Eviction under Chapter 83 generally concerns a landlord-tenant relationship, including an oral rental agreement. Unlawful detainer under Chapter 82 may apply without that relationship. We review the occupancy history and any ownership claim before recommending a procedure.
A court action is often required, but limited statutory alternatives exist. Section 82.036 provides a sheriff procedure for qualifying unauthorized residential occupants; it is not a general shortcut for tenant or family disputes. Eligibility must be checked before using it. Do not attempt a lockout or removal without confirming the lawful procedure.
Timing depends on service, responses, court scheduling, and any contested issues. Final judgment and the sheriff's return of possession are separate steps. We discuss the expected process after reviewing the case; no completion date is guaranteed.
Payments and communications may show an oral rental agreement. A missing written lease does not settle the question. We review what the payments were for and the parties' arrangement before recommending an action.
Section 82.03(1) does not require advance notification before a Chapter 82 action. That does not establish that Chapter 82 fits every occupancy dispute. We review the right to possession, occupancy history, and any agreement or alternative procedure before filing.
Yes. FLA Evictions assists property owners in Miami-Dade and Broward, with statewide Florida services available. Alejandro L. Sixto, Esq., oversees legal representation. We provide the scope and fee in writing before work begins.
Tell us who occupies the property, how they entered, and whether there are agreements, payments, or ownership claims. We review your documents and provide a written scope and fee before work begins.
Serving Miami-Dade, Broward, and all 67 Florida counties