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:

1. A Valid Title of Ownership to the Property
2. 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