People use the word eviction to describe removing anyone from a property. Florida law is more particular. The correct action depends on the relationship between the owner and the occupant, and filing the wrong one usually means a dismissal and starting over.
An eviction is a creature of Chapter 83, Florida Statutes, the Landlord and Tenant Act. It requires a landlord and a tenant, meaning someone in possession under a rental agreement, written or oral. Evictions are filed in county court and proceed under the summary procedure of section 51.011, which shortens response times to five business days and puts the case on a fast track. A tenant who wants to contest an eviction for nonpayment must generally deposit the disputed rent into the court registry, and failure to do so is a default. A routine uncontested eviction is measured in weeks.
Ejectment is an entirely different animal. It comes from Chapter 66, Florida Statutes, and it is the action an owner files against someone who is in possession but is not a tenant, typically because the occupant claims some right to be there. The classic examples are a former romantic partner who insists the house is partly theirs, a relative who claims the deceased owner promised them the property, or an occupant holding under a defective or unrecorded deed. Ejectment is filed in circuit court, proceeds as ordinary litigation with twenty days to answer, discovery, and if necessary a trial, and it puts the plaintiff's title in issue. An ejectment is measured in months, sometimes longer.
There is a third option that fills the gap between the two. Chapter 82, Florida Statutes, provides an action for unlawful detainer against an occupant who has no lease and asserts no claim of title, the houseguest who simply will not leave. Unlawful detainer also uses summary procedure, so it moves at eviction speed, but it does not require a landlord-tenant relationship. It is often the right vehicle for removing adult children, former friends, and other occupants who never paid rent and never claimed ownership.
The sorting question I ask is simple. Was there an agreement to pay rent? Then Chapter 83 eviction. Does the occupant claim a legal right to the property itself? Then Chapter 66 ejectment. Neither? Then Chapter 82 unlawful detainer.
Why does this matter so much? Because county judges regularly dismiss eviction actions when the evidence shows no rental agreement ever existed, and by then the owner has lost the filing fee, the service costs, and a month or two of possession. Worse, an occupant who raises a genuine claim of title can transform a quick case into a slow one no matter what the owner files. Identifying the occupant's status honestly at the outset, rather than optimistically, is the single best way to shorten the road back to possession.
This article is provided for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every situation is different, and you should consult a Florida attorney about your specific circumstances.
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