Miami-Dade County Ejectment Lawyers

Ejectment is the legal process used to remove an unwanted person from your property. These are people occupying the property who do not have the right to be there because they have not signed a valid rental agreement or lease. Thus, they are not subject to Florida landlord-tenant laws and the eviction process. Those who are subject to ejectment are commonly known as “squatters.”

At Revah Law, our real estate lawyers have a successful track record in securing ejectments of unlawful occupants for our clients. Because our firm concentrates its practice on Florida real estate law, we understand the ins and outs of the ejectment process and what it takes to prevail in court. If you have lost possession of your property, whether from an unknown person, a family member, a friend, or a former intimate partner, we can help you seek justice. 

Find out how our Miami-Dade County ejectment attorneys can help you in a complimentary consultation. Contact Revah Law at (888) 218-4125. Hablamos español. 

Ejectment in Florida

Ejectment is governed by Chapter 66 of the Florida Statutes. Under this Chapter, those with a “superior right to possession of real property may maintain an action of ejectment to recover possession of the property.” 

To initiate such an action, you must be the legal owner and be able to prove so with legal documentation, such as a deed. Only property owners can bring an ejectment action and only in situations where a landlord-tenant relationship does not exist between them and the other party. 

This means that you must show proof of valid legal title. You must also present your right to possession of the property, such as by showing proof of your prior possession of the property. 

The Ejectment Process

The process begins by filing an ejectment complaint in circuit court. You do not have to provide the unwanted occupant with a written notice to vacate the premises by law. However, you may do so along with a deadline by which the occupant must leave. 

The complaint should include details about the property, the reasons for the ejectment, and any attempts made to resolve the issue. Proof of ownership and chain of title must be attached to the complaint. A chain of title is a record of who has owned the property in the past; it presents evidence of how the property has been transferred throughout its history and establishes you as the current legal owner. 

After filing the complaint, you must serve the occupant with a copy of the complaint and a summons. This is generally done by a sheriff or a certified process server. The occupant has a specified timeframe, usually 20 days, to respond to the complaint. If he/she fails to respond, you can request a default judgment, which may result in the court granting the ejectment without further proceedings. 

If the occupant responds to the lawsuit, the case will proceed to a court hearing. Both you and the occupant will present your arguments and evidence, and the judge will decide.

If the court grants the ejectment, you can request a writ of possession. The local sheriff will then enforce the writ and remove the person from the property. 

Ejectment vs. Eviction

As mentioned above, ejectment is a different procedure than eviction and can be involved in various circumstances. Eviction is a legal process specifically designed for removing tenants who have violated their lease agreement or failed to pay rent. Eviction follows a different process and is governed by Florida's landlord-tenant laws. Ejectment, on the other hand, is used when there is no landlord-tenant relationship between the property owner and the unwanted occupant.

If you need help with ejectment in Miami-Dade County, Palm Beach County, or Broward County, we urge you to discuss your situation with one of our capable attorneys for advice and guidance today.