When you’re a landlord in Florida, removing someone from your property isn’t always straightforward. Two legal paths often come into play: an eviction and an unlawful detainer action. Knowing which route laws require—and how they differ—will save you time, money, and legal headaches. A trusted partner like a professional property management company can help you choose the right process and handle it properly from start to finish.
What is an Eviction?
Under Florida law (Chapter 83, Part II of the Florida Statutes), an eviction occurs when there is a landlord-tenant relationship. That means the occupant pays rent (or has the right to occupy under a lease or rental agreement) and the landlord needs to remove them because they’ve broken the lease, failed to pay rent, or otherwise violated terms.
For example, if you have a tenant who signed a lease and then stopped paying rent, you would use the eviction process. With eviction, you must first give proper written notice (often a three-day notice for unpaid rent, or a seven-day notice for other lease violations) before filing the action in court. Standard process then follows: complaint filing, tenant response, possible hearing, judgment, and then a writ of possession if needed.
What is an Unlawful Detainer?
In contrast, an unlawful detainer (governed by Chapter 82 of Florida Statutes) is used when no landlord-tenant relationship exists. The occupant may have been a friend, family member, guest, or someone allowed to stay temporarily without rent or a lease agreement. Because they never became a legal tenant, the rules for a standard eviction don’t apply.
An unlawful detainer action allows the property owner to regain possession without the formal tenant protections required in a lease-based eviction. Importantly, you typically do not need to give the same notice required in an eviction—filing the unlawful detainer can begin more quickly.
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Key Differences You Should Know
The biggest difference is whether a valid tenancy exists. If you have a lease or regular rent payments, you must follow eviction procedures. If you don’t, unlawful detainer is likely the correct path. The notice requirements differ: evictions often require specific pre-filing notices, while unlawful detainer may skip certain notices entirely.
Also, the statutes differ, and using the wrong procedure may derail your case—costing time and legal fees. Understanding this distinction is critical for landlords and property managers who want to act legally and efficiently.
Why Partnering with a Property Management Company Helps
Because the wrong legal path can delay your case or even invalidate it, many landlords rely on experienced property managers. A professional company handles everything: determining whether eviction or unlawful detainer fits your situation, coordinating notices, filing with the correct court, managing service of process, and handling follow-through (inspections, re-listing, etc.). With expert support, you stay compliant and reduce risk of costly mistakes.
Final Thoughts
Whether you’re dealing with a tenant who pays rent under a lease, or a non-paying guest with no agreement, understanding the difference between an eviction and unlawful detainer is essential in Florida. Choose the right legal path, file correctly, and execute the process carefully. If you’d prefer to outsource the complexity, a qualified property management company can streamline everything and keep your rental business running smoothly.
FAQs
1. Can I always use an unlawful detainer instead of an eviction?
No. If there is a landlord-tenant relationship (rent paid, lease signed, etc.), you must pursue eviction under Chapter 83. Unlawful detainer is only when no tenancy exists. (Rice Law Firm)
2. Do I need to send a 3-day or 7-day notice in an unlawful detainer case?
Generally no. Unlawful detainer cases often bypass those specific eviction notices because no lease/tenant relationship exists. (Makris Legal)
3. Which statute governs unlawful detainer in Florida?
It’s governed by Chapter 82 of the Florida Statutes. (Zoecklein Law, P.A.)
4. What happens if I filed the wrong type of action—eviction instead of unlawful detainer or vice versa?
Filing the wrong action can delay the case, may lead to dismissal or loss of rights, and increase legal costs. It’s essential to pick the correct path. (Smith Cors Law)
5. How does a property management company help?
They identify which action fits the situation, file correctly, handle tenant/occupant communication, manage service and court process, and help minimize risk of errors.
