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When no contractual or lease agreements are in place for family and friends living in your home, is it possible to get help with a legal removal if he or she refuses to leave – like you would a tenant?
In Jacksonville Florida, ejectment laws are enforced to help resolve disputes involving:
Pieces of Property Claimed by Two Or More People | Unwanted Guests Who Refuse to Leave a Home, even if Requested
Prerequisites for Ejectment Proceedings
To file an ejectment action in Jacksonville Florida, the plaintiff must prove two things:
- A Valid Title of Ownership to the Property
- Deprivation and Loss Due to the Other Party’s Refusal to Leave
Steps for Filing Ejectment Actions
Once these requirements are met, the owner may proceed to file a complaint form, along with the proof of the title attached.
Important Considerations
It should be noted that several counterclaims can be made by the defendant, including claims of:
Completing Home Improvement During Their Tenure
Having Another Title to the Property
In some instances, an unwanted occupant may win the case if they are able to prove:
A Right of Ownership
A Verbal or Written Contract with the Proprietor
A Pending Right of Ownership to the Property
Note: When two titles are presented, the superior title triumphs.
The Main Difference Between Ejectment and Eviction
Are eviction and ejectment one and the same?
Though both proceedings serve a common goal, which is to remove someone else from a property for one reason or another, there are some important differences between the two. These include:
Eviction Facts
The most popular motive for filing an eviction is when a tenant fails to make rental payments or has breached the terms of a lease. The main hallmarks of evictions include:
Proceedings Are Held in Landlord-Tenant Court | The Process is Straightforward | A Landlord-Tenant Relationship Exists | There’s a Rental or Payment History
Ejectment Facts
One of the trademarks of ejectment proceedings is defendants claiming some right, possession, or interest in the property in question. It is also:
Handled in a Trial or Circuit Court | A Lengthier Process| Void of a Landlord-Tenant Agreement | Not Marked by a Rental or Payment History
Due to the number of variables involved in ejectment proceedings, it’s generally a good idea to consult ejectment lawyers in Jacksonville Florida to review the case, offer counsel, and represent you.
Alternative: Unlawful Detainer/Forcible Entry
Another option for getting rid of guests who have overstayed their welcome is the unlawful detainer. This is generally used to remove tenants with:
No Lease | An Expired Lease
Generally, an unlawful detainer is filed when guests, such as family or friends, have worn out their welcome or invitation to temporarily stay in a home – and moreover refuse to leave, even if it causes the owner:
Loss of Income | Loss of Enjoyment | Loss of Privacy
Common examples of these scenarios include:
An Adult Child Living with Parents | An Elderly Parent Living with Adult Children | A Sibling Staying at the Home
A Friend Who Requested Temporary Shelter | An Ex-Partner – Staying Even if the Relationship
For complex ejectment action lawsuits, you need a strong representative in your corner.
Get help legally removing an unwanted guest with the help of our ejectment lawyers at Campione Law P.A.
