With increasing frequency, I am receiving calls from people who want to remove someone from possession of a residence owned by the caller. Invariably, the caller insists that the possessor should be evicted, but upon closer inspection, the claim really isn’t an eviction action. In this post, I will explore the three similar, but distinct, actions available for possession of real property in Florida.
Probably the most familiar claim for possession is one for eviction. In its most basic form, an action for eviction results when the occupant of the property has failed to pay rent to the property owner. Florida Statutes Chapter 83 governs actions for eviction. An action for eviction requires a landlord-tenant relationship. That relationship is typically established by showing that the property owner and occupant have signed a lease agreement for the property. Even in the absence of a written lease, a landlord-tenant relationship can be established by showing that the tenant made periodic rent payments (weekly, monthly, bi-monthly, etc.) for the privilege of occupancy. Keep in mind that rent need not be money, but in certain circumstances may be goods or services. If there is no landlord-tenant relationship, then there cannot be an eviction. An eviction action proceeds under an expedited (summary) procedure, so a plaintiff usually can obtain a judgment of possession within 60 days.